HomeMy WebLinkAbout05-18 3527 Lincoln Way West Zone Map Amendment LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CIT1' BUILDING, SOUTH BEND, INDIANA +6601 (574) 235-9571
January 3, 2018 i_�..._.
6 Filed in Clerk's Office
Honorable South Bend Common Council
4t'Floor, County-City Building JAN 0 3 2018
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH E3P,11D, °N.°.Q I
RE: 3527 Lincoln Way West
APC#2859-17
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 January 8, 2018 Council
meeting,and set it for public hearing at your February 26,2018 Council meeting.The petition is tentatively
scheduled for public hearing at the February 20, 2018 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,
&P,�4 Y. ,(7
Angela M. Smith
Deputy Director
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
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
Filed in Cler' ,oce
JAN 0 3 2018
ORDINANCE NO. _1V1AH FOWLER i
CITY ,3K,SOUTH B1 INn
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner is seeking a rezoning to OB Office Buffer for an office.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
Beginning at a point ninety-one feet six inches (91.5') west of the northeast corner of the west
half of the northeast quarter (NE 1/4) of Section lour (4) Township thirty-seven (37) north, Range
two (2) east; thence running south parallel with the east line of the west half (W 1/2) of said
Section four (4) to the northerly line of Lincoln Way West, formerly Michigan Road; thence
northwesterly along the northerly line of said road two hundred thirty-nine feet (239); thence
north to the north line of said Section; thence east along the north line of said Section, two
hundred twenty-four (224) feet to the place of beginning; excepting therefrom a parcel of land
described as a point ninety-one and five tenths (91.5) feet west of the northeast corner of the
northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of said Section four (4), Township
and Range aforesaid; thence running due south to the northerly line of Lincoln Way West,
formerly Michigan Road; thence northwesterly along the northerly line of said road, one hundred
eight and twenty-six hundredths (108.26) feet; thence in a due northerly direction to the north
line of said section; thence east along the north line of said section, 100 feet to the place of
beginning, all in St. Joseph County, Indiana.
be and the same is hereby established as OB Office-Buffer District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
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
• •
PETITION FOR ZONE MAP AMENDMENT
City of South Bend,Indiana
I (we)the undersigned make application to the City of South Bend Common Council to amend the
zoning ordinance as herein requested.
1) The property sought to be rezoned is located at: Filed i° vlerk'S Office
3527 Lincoln Way West
South Bend,IN 46628 JAN 0 3 2018
2) The property Tax Key Number(s)is/are: 018-2193-7244
KAREEMAH FOWLER
3) Legal Description(s): LGITY CLERK,SOUTH SUM,,!N
Beginning at a point ninety-one feet six inches(91.5')west of the northeast comer of the west
half of the northeast quarter(NE 1/4) of Section four(4)Township thirty-seven(37)north,
Range two(2)east;thence running south parallel with the east line of the west half(W 1/2)
of said Section four(4)to the northerly line of Lincoln Way West,formerly Michigan Road;
thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239);
thence north to the north line of said Section;thence east along the north line of said Section,
two hundred twenty-four(224)feet to the place of beginning;excepting therefrom a parcel of
land described as a point ninety-one and five tenths(91.5)feet west of the northeast comer of
the northwest quarter(NW 1/4) of the northeast quarter (NE 1/4) of said Section four (4),
Township and Range aforesaid;thence running due south to the northerly line of Lincoln Way
West,formerly Michigan Road;thence northwesterly along the northerly line of said road,one
hundred eight and twenty-six hundredths(108.26)feet;thence in a due northerly direction to
the north line of said section;thence east along the north line of said section, 100 feet to the
place of beginning,all in St.Joseph County,Indiana.
4) Total Site Area: 0.67 acres(29,133 square feet)
5) Name and address of property owner(s)of the petition site:
Women's Care Center,Inc.
360 N.Notre Dame Avenue
South Bend,IN 46617
(574)968-7476
annmanion 13(a),gmail.com
Name and address of additional property owners,if applicable:
Not Applicable
6) Name and address of contingent purchaser(s), if applicable:
Not Applicable
Name and address of additional property owners,if applicable:
Not Applicable
7) It is desired and requested that this property be rezoned:
From: SF Single-Family and Two-Family District FILE
ncP 2 r 2317
To: OB Office Buffer District
AREA PLAN COMMISSION
IlONCATION NOa I-1
• •
8) This rezoning is requested to allow the following use(s):
Counseling Offices
IF VARIANCE(S)ARE BEING REQUESTED:
Not Applicable
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED:
Not Applicable
CONTACT PERSON:
Richard A Nussbaum II
210 South Michigan Street
South Bend,IN 46601
574-234-3000
dickn @sni-law.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),or signature of Attorney for all property owner(s):
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- --� -
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the
zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
3527 Lincoln Way West
South Bend,IN 46628
2) The property Tax Key Number(s)is/are: 018-2193-7244
3) Legal Description(s):
Beginning at a point ninety-one feet six inches(91.5')west of the northeast comer of the west
half of the northeast quarter(NE 1/4) of Section four(4)Township thirty-seven(37)north,
Range two(2)east; thence running south parallel with the east line of the west half(W 1/2)
of said Section four(4)to the northerly line of Lincoln Way West,formerly Michigan Road;
thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239);
thence north to the north line of said Section;thence east along the north line of said Section,
two hundred twenty-four(224)feet to the place of beginning;excepting therefrom a parcel of
land described as a point ninety-one and five tenths(91.5)feet west of the northeast comer of
the northwest quarter(NW 1/4) of the northeast quarter (NE 1/4) of said Section four(4),
Township and Range aforesaid;thence running due south to the northerly line of Lincoln Way
West,formerly Michigan Road;thence northwesterly along the northerly line of said road,one
hundred eight and twenty-six hundredths(108.26)feet;thence in a due northerly direction to
the north line of said section;thence east along the north line of said section, 100 feet to the
place of beginning,all in St.Joseph County,Indiana.
4) Total Site Area: 0.67 acres (29,133 square feet)
5) Name and address of property owner(s) of the petition site:
Women's Care Center, Inc.
360 N.Notre Dame Avenue
South Bend, IN 46617
(574) 968-7476
annmanion 13(a,gmail.com
Name and address of additional property owners,if applicable:
Not Applicable
6) Name and address of contingent purchaser(s), if applicable:
Not Applicable
Name and address of additional property owners,if applicable:
Not Applicable
7) It is desired and requested that this property be rezoned:
Filed in Clerk's Office
From: SF Single-Family and Two-Family District
To: OB Office Buffer District DEC 2 q 2017
KAREEMAH FOWLER
CITY CLERK.SOUTH BEND,IN
8) This rezoning is requested to allow the following use(s):
Counseling Offices
IF VARIANCE(S)ARE BEING REQUESTED:
Not Applicable
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED:
Not Applicable
CONTACT PERSON:
Richard A Nussbaum H
210 South Michigan Street
South Bend,IN 46601
574-234-3000
dickn @sni-law.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),or signature of Attorney for all property owner(s):
� C4S � � Qrlk ` om � n ' S � ( Q, � on � � r
LAWRENCE P. MAGLIOZZ1
1°SF(U I'I I F II I It F I T UR
Angela M. Smith
u,•�.a.ul,l•11,>
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, jEFFF.ItSON BLVD., Ik 1140 (•U II NTY-CITY B11 IL DING, SOUTH BENI), INDIANA 46601 (574)2 3 5-9 5 7 1
Wednesday, February 21, 2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Women's Care Center,Inc. to zone from SF Single Family &Two Family District
to OB Office Buffer District, property located at 3527 Lincoln Way West, City of South Bend- APC#2859-
17,
Dear Council Members:
I hereby Certify that the above referenced ordinance of Women's Care Center,Inc. was legally advertised on
February 8, 2018 and that the Area Plan Commission at its public hearing on February 20, 2018 took the following
action:
Upon a motion by Oliver Davis, being seconded by Jacob Holloway and unanimously carried, a
proposed ordinance of Women's Care Center, Inc. to zone from SFI Single Family&Two Family
District to OB Office Buffer District, property located at 3527 Lincoln Way West,City of South Bend,
is sent to the Common Council with a NO RECOMMENDATION.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: Women's Care Center, Inc.
Richard A. Nussbaum II
SERVING ST. JOSEPH COUNTY , SOUTH BEND, LAKEVILLE , NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND
W W W.S I C I N D I A N A.C 0 H 11 0 6 1 a, e+-p l a n
Staff Report 2/8/2018
APC # 2859-17
Owner: Women's Care Center, Inc.
Location: 3527 Lincoln Way West
Jurisdiction: City of South Bend
Public Hearing Date: 2/20/2018
Requested Action:
The petitioner is requesting a zone change from SF1 Single Family&Two Family District
to OB Office Buffer District
Land Uses and Zoning:
On site: On site is a single family home and associated accessory structures.
North: To the north, across from Elwood, are single family homes zoned SF2:
Single Family and Two Family District.
East: To the east is an office zoned OB: Office Buffer District.
South: Across Lincoln Way are three parcels zone LB: Local Business District.
West: To the west are single family homes zoned SF I: Single Family and Two
Family District.
District Uses and Development Standards:
The O/B: Office/Buffer District is to provide specific areas where only certain limited
offices may be developed. Since the district excludes retail, clinics, and business and
commercial uses, and requires extensive screening and landscaping of permitted uses and
associated parking areas, it may serve as a buffer between residential areas, and business
and commercial developments. The O/B: Office/Buffer District is expressly intended to be
limited to the area in association with commercial areas and certain streets where a gradual
transition from existing residential use should occur.
Site Plan Description:
The site plan shows the remodeling and expansion of the existing home on the 0.57 acre lot,
including the addition to that back of the house and the small addition on the south east
corner of the house. Three structures will be removed. The existing structure and additions
will house a medical clinic and offices. 20 parking spaces are proposed for the business, 15
are required. The site meets the landscaping requirements.
Zoning and Land Use History And Trends:
Parcels to the south and east have been rezoned to commercial or office districts. The
parcel directly adjacent to the east was recently rezoned to OB: Office Buffer in 2002.
Traffic and Transportation Considerations:
Lincoln Way to the south has two lanes with a middle multi-directional left turn lane and
seperated bike lanes in each direction. Elwood on the north side has two lanes.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
Community Investment offers a favorable recommendation. The future land use plan in the
West Side Main Streets Plan designates this parcel as the westernmost parcel in the Bendix
Node. Thus, a use more intense than single-family residential would be appropriate, and
APC# 2859-17 Page 1 of 2
Staff Report 2/8/2018
the proposed OB zoning would provide a transition from the single-family residential
parcels to the west to the suburban commercial uses to the east.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The West Side Main Streets Plan(2014) states that the Bendix Node, in which this parcel
is located, would be appropriate for commerical and medical office uses.
Land Use Plan:
The future land use plan identifies this area as the Bendix Node.
Plan Implementation/Other Plans:
The Petition is consistent with the Comprehensive Plan for the City of South Bend (2005),
Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map and Objective ED 7.3: Support neighborhood-
based economic opportunities as identified in area-specific plans.
2. Current Conditions and Character:
Lincoln Way West is a mix of commerical and office businesses. To the north and south of
the parcel, abutting the parcels along Lincoln Way, are primarily single-family residential
homes.
3. Most Desirable Use:
The most desirable use is office or commerical use.
4. Conservation of Property Values:
Surrounding property values should not be affected negatively.
5. Responsible Development And Growth:
It is reasonable development and growth to encourage the development of office and commercial
uses in the proposed mixed-use node.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that this
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
Rezoning this property to OB: Office Buffer will correspond well with the adjacent
commercial and office properties along Lincoln Way. This rezoning corresponds with the
City Comprehensive Plan and the West Side Main Streets Plan. Commercial and office use
is appropriate for the Bendix Node (West Side Main Streets, 2014)which this parcel is
located.
APC# 2859-17 Page 2 of 2
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MASTER ZONING KEY N
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SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT APC # 2859-18
LAWRENCE P. MAGLiOZZ1
f.XI?.('LITIVE DIRECTOR
Angela M. Smith
1),pu,. plrvvI.,,
?AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 \1'. JEFFERSON BLVO.. ROOM 1140 C'OUN"I l-CIT1 BUILDING, SOUTH BEND, INDI.INA +66111 (;74) 23;-9571
February 21, 2018
Honorable South Bend Common Council
41h Floor, County-City Building
South Bend, IN 46601
RE: Bill #05-18
Rezoning: APC#2859-17
3527 Lincolnway
Dear Council Members:
The Area Plan Commission held a public hearing on February 20, 2018 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, February 26,2018.
Ordinance & Petition Amendments:
The following changes were made to the petition:
1) The site plan was updated with more detail
There were no changes to the Ordinance.
Public Hearing Summary:
There was 1 person that spoke in favor of the petition stating the current facility had outgrown the space.
There were 2 people that spoke in opposition stating that this development was dangerous to the
community and is bad development. We received I I letters in opposition to the petition.
If you have any further questions, please feel free to contact me at(574) 235-9571.
Sincerely,
i
Angela. Smith
Deputy Director
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA a ROSELAND
W W W.S T J O S E P H CO U N T Y I N D 1A N A.C 0 N/A R E A P L A N
February 14, 2018
Dear Members of the Area Plan Commission:
RE: Women's Care Center petition for rezoning
The Women's Care Center, after paying approximately twice the average rate for
properties in the area, now is petitioning for rezoning of the property at 3527 Lincoln Way
West in South Bend. Clearly, they are well funded and have an agenda. That agenda appears
to be restraint of trade regarding the property to the east, to be operated as a clinic by the
Whole Women's Health Alliance.
The history of the Women's Care Center which, in the past, purchased property adjacent to
a women's clinic, operated by a different entity, just off of Ironwood Drive, was
intimidation of clientele and disruption of the business. It appears that their aim in this
proposal: rezoning, modification of the existing structure and construction of parking
spaces, points to a repetition of these activities. This time their target will be the Whole
Women's Health Alliance clinic immediately to their east. In addition to their intimidation
tactics, there again will be probable creation of civil disturbances. Given these outcomes,
which almost certainly will create both financial and emotional costs for the taxpayers of this
community, we urge a"no"vote on this rezoning petition.
Respectfully,
Jeanette S. & Laurence R. Taylor
804 Oak Ridge Drive
South Bend, IN 46617
AECEIVE
FEB 1 () 201
AREA PLAN "'/OMMISS10N 1
Angela Smith
From: Debra Javeline <javeline @nd.edu>
Sent: Friday, February 16, 2018 11:05 AM
To: Angela Smith
Subject: women's health care
Dear Ms. Smith,
I am writing to request that the South Bend Common Council support the Whole Woman's Health OBGYN clinic by
denying the rezoning of the adjacent property for a business.
It has come to my attention that Women's Care Centers INC has purchased a private residence directly adjacent to the
new Whole Woman's Health OBGYN. The singular motivation for this purchase is disruption. Women's Care Centers
INC intends to disrupt women who are seeking health care and to disrupt the residential neighborhood. They intend to
harass, protest, intimidate, and invite conflict, noise, a regular police presence, and associated costs.
Whole Woman's Health OBGYN clinic will provide a much-needed service to our community. This is a medical facility
that offers comprehensive reproductive health care, unavailable anywhere else in our community, and the facility is in
an area long zoned for business.
Women's Care Centers INC already has many other locations in South Bend and could build in other places that are
zoned for businesses. Instead, they have chosen to purchase a private residence and ask for the private location to be
rezoned as a business location, conveniently next to the business that they hope to disrupt. This is transparent. My
understanding is that they paid the previous owner more than 50%over the assessed value of the home. What
"business" does that in the name of sound fiscal management? There is no true business plan here,just a plan for
disruption.
If the Common Council agrees to rezone, the Council knowingly and cynically indulges the intention of Women's Care
Centers INC. to turn a peaceful residential area into a political tool. That is unfair to the residents, unfair to the
taxpayers, and unfair to the women in our community who are seeking privacy in their health care.
Sincerely,
Debra Ciliberti
Debra Ciliberti
3432 Topsfield Road
South Bend, IN 46614
Tel: 574-231-0220
Email: javeline@nd.edu
1
Angela Smith
From: Lidinsky,April <alidinsk @iusb.edu>
Sent: Friday, February 16, 2018 3:32 PM
To: Angela Smith
Subject: For consideration on Feb.20 and Feb 26.
Dear Angela --- Could you see that this gets in the hands of the Area Plan Commission, and also the Common
Council?
Thank you,
April
Dear Members of the South Bend Common Council,
I write to ask you to reject the request for rezoning submitted by Women's Care Centers, Inc. for property on
Lincoln Way West. I understand they are asking that this currently-zoned residential property be rezoned for
commercial purposes. It is in the best interests of the city and this neighborhood to leave the property's zoning
as residential.
I am familiar with the tactics of Women's Care Centers to disrupt a tranquil neighborhood and invade patient
privacy. Their actions create zones of conflict, encouraging their affiliates to aggressively intimidate women
seeking their constitutionally-protected health care from OBGYN professionals, such as those that would be
offered at Whole Women's Health Alliance. Their tactics are well-known and result in police calls and
diminished economic activity where they utilize these tactics, to say nothing of the tranquility of all
neighbors.
I hope you will decide to reject this re-zoning request in the interest of public safety and access to health care.
The Lincoln Way corridor has been improving over the years, and is much better today than even last year. We
want the full volume of traffic to safely proceed along this street, without distractions that could lead to
accidents and casualties. We want other businesses to flourish along this narrow route, without chilling of the
hard work of entrepreneurs, businesspersons, and their customers. We want our region's women to access the
health care advice and treatment they need safely and securely.
Thank you,
Christine Cervenak
101 South Conestoga Lane
South Bend, IN 46617
chriscery @ gmail.com
t
Angela Smith
From: Lidinsky, April <alidinsk @iusb.edu>
Sent: Friday, February 16, 2018 4A8 PM
To: Angela Smith
Subject: Rezoning petition: For consideration on Feb. 20 and Feb 26.
Dear Angela -- Could you please share this with the Area Plan Commission and the Common Council?
Many thanks -- April
-------------------------------------------------
February 16, 2018
Regarding: Rezoning Petition for Lincoln Way West
Dear Members of the Area Plan Commission:
I write with concern about the requested rezoning of the property at 3527 Lincoln Way West, a property that has
long been a quiet residential home. The request to rezone this for a business,directly next to Whole Woman's
Health Alliance, is not an example of good development in our community.
Whole Woman's Health Alliance, next door, selected a longtime medical building in order to operate a health
care facility that will offer privacy for women who have been seeking reproductive care not available in our
community for several years. If the residential property next door is rezoned, in order for the private residence
to be removed and a Women's Care Center to be built there, there will be conflict that is bad for the
neighborhood, and bad for further development along Lincoln Way West, if and when that development is
desired.
We know from the history of real-estate conflict in the Ironwood Circle that building Women's Care Centers
and a chapel directly next to the Women's Pavilion enabled protesters to harass patients for years. Police calls
and disturbances resulted. Enabling the repeating of this pattern on Lincoln Way West will result once again in
police calls, noise, nuisance and disturbances that will have a financial and emotional cost for neighbors and
patients. This is not good development.
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Women's Care Centers are well-funded and can build anywhere in South Bend if they would like to add to their
several existing locations in our community. There are no good reasons—and many bad ones— for re-zoning a
private property so that they can set up directly next to a business they oppose. Please vote"no"on this
rezoning petition.
Thank you for your time, consideration, and service to our community,
April Lidinsky
536 S. Sunnyside Avenue
South Bend, IN 46615
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Angela Smith
From: Pam Claeys <pamclaeys52 @sbcglobal.net>
Sent: Saturday, February 17, 2018 6:43 PM
To: Angela Smith
Cc: Pam Claeys
Subject: Rezoning Comment for 2/20/18 APC Meeting
Attachments: SBT March 2016 Womens Pavillion History.docx
Dear Ms. Smith,
Would you kindly forward our comments below and the attachment to all members of the Area Plan
Commission for an agenda item at their Feb. 20th meeting. Would you also forward our comments and
attachment to all City Councilpersons?
Thank you in advance.
Area Plan Commission February 17, 2018
227 W. Jefferson Boulevard
11th Floor County City Bldg.
South Bend, IN 46601
Dear Members of the Area Plan Commission,
We write to provide our strongest opposition to an agenda item for your next meeting, February 20, 2018.
Particularly, we are totally opposed to Item D, the property rezoning request at 3527 Lincoln Way West from
Single Family &Two Family District to Office Buffer District.
On the surface, this appears to be a rather regular rezoning request. Information indicates criteria are met;
staff recommends sending this to the City Council with a favorable recommendation. The analysis begins,
"Rezoning this property to OB: Office Buffer will correspond well with the adjacent commercial and office
properties along Lincoln Way."
We strongly beg to differ.
Women's Care Center willingly paid nearly double the asking price of the property to be strategically located
immediately adjacent to the soon-to-open Whole Woman's Health Clinic. WCC has purposely and
manipulatively targeted this purchase, not to "correspond well' with its adjacent neighbor, but rather to be an
ideal gathering spot to support virulent anti-abortion protesters.
This particularly provocative purchase and rezoning request is an open invitation to anti-abortion protesters to
harass and intimidate patients at the Whole Woman's Health Alliance clinic. For historical purposes, please
read the following article from the South Bend Tribune dated March 12, 2016,
https://www.southbendtribune.com/news/local/women-s-pavilion-to-close-march-ending-years-of-
controversy/article 06d287c2-b2c3-59b9-b6be-
2c00bc295dbf.html?utm medium=social&utm source=email&utm campaign=user-share. This article, copy
attached for your convenience, describes a history of trespassing, intimidation, restraining order violations,
1
several mass arrests for blocking access at the previous abortion clinic, locking themselves into the clinic, and
spraying butyric acid into the building.
If history gives any indication of local anti-abortion protests, granting this rezoning would be a disastrous
safety issue for the WWHA clinic, the City of South Bend, our whole community and would be a complete
strain on the South Bend Police Department and other first responders.
We can personally testify that providing clinic defense in the late 80's and early 90's was extremely dangerous,
even with police protection. At one point, clinic defense volunteers linked arms to surround the building
when outside agitators were protesting at the property line. There have been incidents of nationwide anti-
abortion protests getting more violent, including fatal shootings by extremists.
For these reasons, we totally oppose the rezoning request and urge that you do the same. Thank you.
Sincerely,
Pam Claeys
Daniel Kane
1106 Bellevue Avenue
South Bend, IN 46615
574-288-5951
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SBT,Amanda Gray, March 12, 2016
SOUTH BEND—The Women's Pavilion,a long-standing clinic providing abortions and other health services to local and regional
women,will shut down on Friday.
The abortion provider, Dr. Ulrich "George" Klopfer, had stopped abortion services in November, but now the clinic will fully close.
The pavilion,which opened in 1978,was faced with both legal and social challenges from the beginning.
The news of its closing was met with regret by some and with joy by others.
According to the activist group Pro-Choice South Bend,which broke the news,abortion services had stopped in November but
women seeking the procedure could still come for referral services at the South Bend facility at 2010 Ironwood Circle.Group
leadership referred those seeking abortion services to Planned Parenthood in Merrillville, Ind.,or Kalamazoo, or to Family Planning
Associates in Chicago.
The group lamented the need for local women to now travel for the procedure,and said they will hold a candlelight vigil at 7 p.m.
Thursday at the clinic.
"Many people in need of an abortion don't have money or time to spare,"Pro-Choice South Bend said in a news release."To receive
the health care they rightfully deserve,they now have to travel long distances for two to four hours for multiple appointments,
which increases the chance of preventable health risks and imposes financial burdens. Some individuals see no other option than to
unsafely self-abort."
The release added that"making choices about your own body should be a basic human right. There will be abortion care in South
Bend's future.This is certainly not the end."
St.Joseph County Right to Life celebrated the clinic's closure in its own news release,citing public challenges to the clinic's license,
the medical license of Klopfer and inspection reports as reason for the clinic to close.
Klopfer came to an agreement with the Indiana State Department of Health to close the Women's Pavilion in November,after the
state agency filed a motion to revoke the clinic's license in January 2015.Though Klopfer or anyone on the clinic's staff could have
refiled for the license after 90 days, no applications were filed in 2016 for that clinic or any additional one in the state of Indiana,
according to Amanda Turney,attorney for the ISDH.
Historical opposition
The Women's Pavilion as well as abortion services in general have been contested both in the courts and on the streets since before
doors opened in 1978.
According to Tribune archives,the Women's Pavilion drew opposition soon after it opened in 1978,with St.Joseph's Hospital
objecting to the nearby clinic's first location at 425 N.St. Louis St.,claiming in court documents that the location for the clinic would
cause"irreparable damages"to the hospital by community members associating the abortion services with the hospital,whose
leadership opposed the procedure.
St.Joseph County Right to Life Committee formed about the same time as the clinic's proposal,and the two entities have gone
head-to-head since.At least two other lawsuits were filed against the clinic in thatfirst year alone.
Clinic staff have fought back,first with arguments against the 1978 injunction,accusing hospital personnel of"attempting to impose
their personal,subjective religious belief upon others by pursuing the nuisance action,"That lawsuit,as well as two others,were
ruled in the clinic's favor,with the only requirement from the lawsuit brought by St.Joseph's Hospital being that doctors providing
abortions need to be licensed in Indiana and have hospital admitting privileges or transfer agreement.
The ruling halted abortions at the clinic for more than six months in 1981 and into L982,as the doctors at the clinic could not get
formal transfer agreements with local hospitals.The injunction ruling was amended in January 1982 so that any licensed doctor
could perform the procedure without admitting privileges, though the clinic did keep agreements with "several doctors"locally to
admit patients on an emergency basis.
Dr. Gordon C. Cook,a South Bend obstetrician and gynecologist, served as the clinic's first medical director.Just weeks after the
clinic opened,a poll conducted by Indiana University South Bend showed that 38 percent of South Bend residents opposed
establishing a clinic within city limits. The survey also showed that,overall, 58 percent of respondents said they supported a
woman's access to abortion if she wants one,with higher percentages of approval for younger respondents(69 percent)and male
respondents(64 percent). Twelve percent of respondents said they supported abortion access conditionally,for reasons such as if
the mother's life is in danger, or if the pregnancy is a product of rape.
Though no recent state-specific polls could be found,a nationwide Gallup poll conducted in 2015 showed that 50 percent of U.S.
adults called themselves"pro-choice,"with 44 percent identifying as"pro-life."Seventy-eight percent of the survey's respondents
said they support legalized abortions in at least a few circumstances,with 19 percent of respondents saying that abortion should be
illegal in all circumstances,and 2 percent stating they had no opinion.
Protests and arrests
Throughout its existence,the South Bend clinic was the site of abortion protesters,some of whom were arrested, mostly for
trespassing or violating a restraining order.
The clinic relocated to its current location at 2010 Ironwood Circle in February 1988. in a Tribune article,then-clinic director Marne
Greening said the change of address would make protesting more difficult,as"it's all private property there."
Protests continued, though. In December 1990,32 men and women from the anti-abortion group lambs of Christ were arrested
after locking themselves together in the clinic. In April 1991,about 120 anti-abortion demonstrators were arrested after they
blocked access to the clinic. So many people were arrested that Transpo provided a bus to take them away to the Army Reserve
Center on Kemble Street,where the police held the large group.
In recent years, St.Joseph County Right to Life and The Life Center, another anti-abortion group,have moved or established offices
on either side of the clinic at Ironwood Circle.Abortion protesters stand on property of either group to protest the clinic.
Opposition went beyond just protests:On May 10, 1993,someone poured butyric acid into the clinic through a mail slot and spread
with a garden hose.The chemical,which reacts to water and has been commonly used in targeted attacks on abortion clinics,is
rancid smelling and closed the clinic for several days. St_Joseph County Right to Life leaders at the time said they didn't condone
violence against the clinic,and said they didn't support violence conducted by anti-abortion splinter groups.
Klopfer began providing abortions in South Bend in 1978.Clinic opponents point to less-than-desirable inspection reports,as well as
a host of complaints that have been filed against Klopfer,as evidence for closing the clinic.Klopfer has defended his practice to the
media,telling The Tribune in 2013 and 2015 that attempts to close his office were due to an anti-abortion agenda.
"if i had an agenda," Klopfer said, "and I went to inspect a hospital and spent two or three days there, do you think I couldn't find
errors or mistakes?"
Klopfer was found in violation of governing codes and laws in regard to abortion reporting,record maintenance,other
documentation and personnel records,according to state abortion clinic inspection reports for several years in a row,the most
recent in 2015_ He is currently scheduled to go in front of the Indiana Medical Licensing Board this month after an Indiana attorney
general's investigation stemming from more than 2,000 complaints filed by local and regional anti-abortion activists regarding
Klopfer's recordkeeping, among other issues.
Dozens of supporters of both Klopfer and his clinic came out to the St.Joseph County Council in late 2014 and early 2015,when the
council considered proposals to place further requirements on doctors providing abortions in St.Joseph County.That meeting was
also filled with dozens of clinic opponents,who called on the council members to support the further requirements.The council
defeated the measure,6-3.
fECEr �-
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February 18, 2018
Dear St. Joseph County Area Plan Commission,
I am writing to express my concern over the Women's Care Centers INC recent purchase of a
residence directly adjacent to the Whole Woman's Health OBGYN clinic on Lincoln Way West.
The reason for this purchase is clear: to harass patients seeking health care from Whole
Woman's Health OBGYN clinic. Women in our community need and deserve comprehensive
reproductive health care, but harassment by anti-abortion extremists would interfere with their
ability to obtain safe and confidential health care. Anti-abortion extremists have a clear record of
shaming and stigmatizing women who seek comprehensive reproductive health care, but you can
prevent these extremists from their threats, taunts, and violence. You can reject Women's Care
Centers INC request to have their single family residential property re-zoned as a commercial
property. By rejecting their re-zoning request, you would be taking affirmative action to not only
protect the clients of Whole Woman's Health, but the entire neighborhood. If Women's Care
Centers INC is allowed to use that residential property as commercial property, you can expect
an increase in phone calls to the police, less social order, and difficulty attracting new businesses
in that corridor.
Please protect women and the neighborhood in that area by rejecting Women's Care Centers INC
request to rezone their property for commercial use.
With much gratitude-
Gail M. McGuire
1629 Belmont Avenue
South Bend, IN 46615
574 287-6416
Gaihncguire 1013�gmail.corn
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Angela Smith
From: Alan Engel <alanengel3 @gmail.com>
Sent: Sunday, February 18, 2018 10:28 PM
To: Angela Smith
Hi Ms. Smith,
am writing this letter to oppose the redistricting of 3257 Lincoln Way West which is currently zoned SF1, for single family.
If the Women's Care Center(WCC)is granted permission to rezone to commercial use,this will cause harm to public
safety. WCC has a history of attracting and encouraging protesters to gather, protest, display graphic signage, and harass
medical patients in South Bend and across the state. The sole mission of WCC is to disrupt the normal functioning of the new
Whole Women's Health OBGYN Clinic.
The women of our community deserve the right to seek medical care in a private fashion without being bothered or harassed.
The protesters often disrupt traffic, and as you know, Lincoln Way West is quite busy in this stretch of road. Rezoning will
inundate local police officials with nuisance calls dealing with trespassing, picketing, obstruction, and intimidation. With tax
dollars in short supply,our community doesn't have the excess funds to hire more police to deal with the problems caused by
redistricting the property at 3257 Lincoln Way West.
Thank you for your consideration.
Alan Engel
Granger, IN
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February 14, 2018
Dear South Bend Common Council Members,
I am a Ph.D. student at the University of Notre Dame in the field of biogeochemistry, and I will be
graduating this May. I would like to share a personal story detailing a particularly difficult time during
the 6 years that I have lived in South Bend.After struggling with the University of Notre Dame's
restrictive birth control policies, I found myself unintentionally pregnant in the summer of 2014. Due to
health concerns, my partner and I made the decision to have an abortion. This was a truly challenging
decision because we knew that Indiana was not a friendly state to women's reproductive rights.
I am originally from Texas, but throughout this process, I learned that Indiana's environment was even
more hostile towards abortion providers or patients seeking abortion care than I had realized. I first
called Planned Parenthood where I was told that the location in Mishawaka did not provide abortions,
and that I should attend a Women's Care Center to obtain a pregnancy test. I was also advised that I
should be cautious about sharing my intentions with the Women's Care Center.
I then set up an appointment with Women's Care Center to acquire a pregnancy test. After hearing my
test results, I was subject to counseling including many intrusive questions about whether or not I
wanted to have the baby. Staff at the Women's Care Center were particularly aggressive and attempted
to follow up with me multiple times by phone about parenting classes and other unsolicited resources.
Shortly after, I made an appointment to procure an abortion with the Women's Pavilion in South Bend.
My partner,who is now my spouse, accompanied me. We drove by the abortion clinic,which is located
right next to a Women's Care Center location,and we immediately saw around a dozen Right to Life
protestors outside along with a news crew. We quickly decided to park our car at the nearby
MacDonald's and walk because we did not want anyone taking down the license plate.
As we attempted to walk by the protesters,they immediately started swarming us, getting in our face,
and shouting. Thankfully, clinic defense volunteers helped shepherd us into the clinic, but the entire
experience was quite intimidating.Then as we entered the clinic, I was faced with more barriers that are
mandated by the state of Indiana. First, I had to undergo an ultrasound, be asked if I wanted to see the
image, and then receive state-mandated counseling that was clearly geared towards discouraging me
from having an abortion. Despite the fact that having an abortion is safer than childbirth, this counseling
also included medically inaccurate information intended to scare me.
Even though I had already made the decision to have an abortion, the state mandates a waiting period.
We were therefore forced to come back to the clinic in person to receive the medication for a medical
abortion. Of course,this means having to walk through what feels like a sea of protesters again. In the
back of my mind, I was thinking about our safety and whether the clinic would get bombed while we
were inside. Needless to say, this entire experience was harrowing. I consider myself a physically and
emotionally strong woman, and yet the vehement hate and violence typical of these radical anti-
abortion activists shook me to the core.
I firmly believe that women in South Bend need access to compassionate abortion care. Whole
Woman's Health would provide such a clinic, and its location was strategically chosen to provide a
private parking lot and a space without protesters. Unfortunately,Women's Care Center bought the
residential home next door so that they can intimidate and confuse women seeking abortion
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respectfully ask that the South Bend Common Council reject the rezoning application requested by the
Women's Care Center. Allowing them to open up shop right next to Whole Woman's Health would
create a constant conflict zone that will put women seeking a medical service guaranteed by the
constitution in unnecessary danger.There will be a constant barrage of protestors, news coverage, and
police presence fueling completely unnecessary and traumatic experiences for all involved.
I urge you to protect the physical safety and emotional well-being of women seeking reproductive
health care in South Bend. Please do not allow a private medical service to become even more of a
political football in our community; surely that would only perpetuate injustice at the expense of
women, children, and families in our community.
Respectfully,
�W v��
Carmella Vizza
Ph.D. Candidate
University of Notre Dame
Dear South Bend Common Council Members,
My wife has provided a separate account of her experience securing abortion services in South Bend. I accompanied
her on those trips to the Women's Pavilion,and there are a few points I wish to drive home.
Foremost is safety. As my wife has already stated, there were anti-abortion protestors present on both trips, and
while their numbers may not have been numerically great,they were none the less much greater than ours. I went to
provide emotional support, but it was frightening to think that should these fanatics decide to get physical,there would
be little I could do to protect my wife and I.
The second point, and very much tied to the first, is privacy. I have read news articles about anti-abortion protestors
following people to their cars and taking down their license plate numbers,or taking their pictures and posting them
on social media. Health is a personal matter, and the very real possibility that this intensely private and already
difficult decision could be made extremely public without our consent was quite distressing. And should we be traced
back to our place of residence, these concerns of privacy and safety intensify dramatically.
While the legal barriers to obtain an abortion in Indiana are significant, unjust, and unscientific, that is beyond the
scope of this hearing. What is in your power is to increase the safety and privacy of women seeking abortion and
other health care services in South Bend. Under current zoning, there will be no place for protestors to legally stand
and invade the privacy of those individuals seeking access to healthcare services. I urge you to deny this rezoning to
help protect these women and their privacy.
Sincerely,
Michael Stephen
IRECEIVEDI
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i
Research Brief on 05-18
RE: ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527
LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
Prepared by Jamie Morgan
2018 Candidate, Master of Public Affairs at IU South Bend
Submitted to the Area Planning Commission of the City of South Bend on February 20th, 2018
Public concerns and harmful outcomes resulting in change of zoning for
Lincoln Way West
Summary
The property at 3257 Lincoln Way West is zoned SF1 ,
F
for single family. Women's Care Centers INC paid
S� '
$130,000 (AV $74,900) for the property late December � X11,
2017. Earliest record of home is 1916, previous Q8,
OFFICE
ownership transfers were in 2001 and 1980. This house 3S2 "6uFFER
DISTRICT.
did not appear on real estate market listing searches
for sale prior, nor were signs placed adverting the
r
property for sale.
The adjacent property at 3511 Lincoln Way West was
purchased in April 2017 by a OBGYN medical group. The OBGYN owned property
has been a medical office zoned OB, office buffer, for 10+ yrs, and did not need to
seek any changes to the neighborhood to continue intended use medical office
operations.
It is the findings of this research brief that if the property at 3257 Lincoln Way West
is allowed to rezone to commercial use, that the area between this property and at
at 3511 Lincoln Way West will become zone of conflict that will cause harm to
public safety for the neighborhood and be contrary to corridor development. This
brief provides evidence as to the real estate history of Women's Care Centers INC,
public safety concerns, and how this rezoning does not fit with the commercial
corridor plan.
Real Estate History
Women's Care Centers are not medical clinics where patients can make
appointments to meet with a physician. Women's Care Centers only offer
pregnancy tests, ultrasounds, and limited referrals. Women's Care Centers operate
eleven offices in Indiana, with six locations already in the South Bend (3),
R
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Research Brief on 05-18 Tuesday. February 20. 2018 FEB 2 0 M.-H 1
AREA PLAN COMMISSION
Mishawaka, Elkhart, and Niles (MI). The location on 3527 Lincoln Way West would
be their twelfth office in Indiana and seventh office in Michiana.
Women's Care Centers INC have a history of opening offices adjunct or within
close proximity to OBGYN clinics through out Indiana. In South Bend, the Women's
Care Center on highly visible Ironwood drive is a two minute walk from the now
closed Women's Pavilion in secluded Ironwood circle. The Women's Care Center in
Mishawaka is located 2.8 miles from the Planned Parenthood clinic on Grape road.
In Elkhart, the Women's Care Center operates across W. Marion street from the
Planned Parenthood clinic.
Additionally, there are two Women's Care Centers on the westside and downtown
located on Norte Dame avenue and Chapin street. The distance between the
existing Women's Care Centers and the new
property on 3527 Lincoln Way West property is
at most a 10 minute car ride or 30 minute bus
ride.
In 2016, Women's Care Center moved into a
property next door to the Bloomington Planned
Parenthood, which had been purchased for 'Women's Care Center
them by anti-abortion foundation for a recorded
$1 ,050,000. In Michigan City, a Planned
Parenthood clinic and a Women's Care Center = Planned Parenthood
Bloomington Health_..
are a little more than a half-mile apart. This t`
trend continues in Indianapolis,
Merrillville, and Fort Wayne.
Public Safety Concerns
Women's Care Centers attract and allow
protestors to gather or display graphic
signage to harass OBGYN patients on
their way to access medical care.
Images collected from OBGYN clinics
across the state and here at home show
a constant stream of clinic harassment
activity along busy streets and quiet
Graphic picket signs line S. College Ave in
neighborhoods alike. These protestors Bloomington between Women's Care Center and
disrupt traffic, cause nuisance calls to Planned Parenthood.
police, and create an unsightly
environment. _
I
Research Brief on 05-18 lr.rosclay. l ebniary 20. 2018 FEB 2 0 2
AREA PLAN,'...... OMMISSION
The National Abortion Federation (NAF), the professional association of abortion
providers in North America, works closely with law enforcement to protect
providers and patients from anti-abortion violence. In 2016, NAF reported that
"providers experienced an increase in a wide range of intimidation tactics meant to
disrupt the provision of health care at facilities, including vandalism, picketing,
obstruction, invasion, trespassing, burglary, stalking, assault and battery, and
bomb threats" . Nationwide, NAF recorded 61,562 reported incidents of clinic
picketing in 2016, the most since they began tracking in 1977. Whole Woman's
Health and Planned Parenthood are a members of NAF, the Women's Care Centers
do not qualify.
The legal remedy for most OBGYN clinics to secure the safety of their patients is
through buffer zone laws, ordinances, or injunctions. Buffer zone laws protect
patients by limiting how close demonstrators are allowed to be to a facility. Indiana
does not have any buffer zone laws to protect OBYGN clinics, neither does
Kentucky. The work to define and establish safe permitters around OBGYN clinics
is left to local law enforcement and clinic managers.
EMW Women's Surgical Center in Kentucky made national news this summer when
this last OBGYN clinic with abortion services in the state was granted a restraining
order from protestors under the Freedom of Access to Clinic Entrances (FACE).
BsideU For Life, which
offers the same limited
services as Women's
Care Centers, operatesK f
} t r
a main office five - -
minutes from EMW _
Women's Surgical
ti t
Center and a satellite
directly adjacent to the _
OBGYN clinic. In this
photo you can see
protestors, law
enforcement, and clinic Protestors against EMW Women's Surgical Center stand outside BsideU For
Life while police enforce the buffer zone.
escorts in a protest
conflict zone extended
outside the BsideU For
Life office next to EMW.
I National Abortion Federation,2016 Violence and Disruption Statistics FR__EC_F- 1 V
FEB 2 0 'l(�,�
Research Brief on 05-18 Tuesday, Febii jai y 2.0, 2018 3
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Commercial Corridor Plan
The 2014 Commercial Corridor Plan developed under our current Mayor and half of
the current Common Council outlined the strategic revitalization plan is for the
corridor on Lincoln Way West. The plan sought to address the loss in population
and rise in crime on the corridor in which these properties exist. The property on
3527 Lincoln Way West falls in the residential area between the Sheridan and
Bendix Nodes, as seen in yellow on the below map. The 2014 Commercial Corridor
Plan would not support the rezoning of the property.
SendIx Node
Sheridan Node
Linculnbi iyCoridus Hun
3527 Lincoln Way West is located in the yellow residential space between the two commercial
nodes.The 2014 Commercial Corridor Plan calls for the protection of these residential spaces.
The plan considers this corridor with nodes of mixed use commercial space with
residential breaks favorable to "create pedestrian-friendly destinations with unique
identities that have the greatest chance of competing in the regional marketplace"2.
The plan urges that further development of these residential spaces should be
"halted before these changes negatively impact the corridor"2. The clear cause of
this negative erosion of residential space was identified as "homes between the
nodes adapted to commercial use"2 even though vacate commercial spaces are
available in the corridor.
For these reasons of residential node erosion and the goals of advancing safe
corridor revitalization, the rezoning of the property at 3527 Lincoln Way West would
be counter productive to the City's plan and strategy for Lincoln Way West.
2 City of South Bend, Department of Community Investment, Urban Enterprise Association of South Bend,and Torti
Gallas and Partners, Inc., West Side Main streets the revitalization plan for Lincoln Way, Western Avenue, and West
Side Neighborhoods(2014). ;
; RECEIVED '
Research Brief on 05-t8 1tlesday. February 20, 2018 r 4
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February 17, 2018
To: Area Planning Commission
Re: Proposed ordinance amending the zoning ordinance for property located at 3527 LWW in South
Bend, IN
As a long-time resident of St.. Joseph County, I am concerned that such a change would be detrimental
to public safety and to the 2014 Commercial Corridor Plan developed by Mayor Buttigieg and the
South Bend Common Council.
The entity desiring the rezoning, Women's Care Centers, Inc., has a long local history of locating their
offices adjacent to or in close proximity to offices providing obygyn care. Women's Care Centers
attract and allow protestors to gather or to display graphic signage to harass patients arriving to access
medical care. Both local women's medical care facilities and those across the state have experienced a
constant stream of clinic harassment activity along busy streets and quiet neighborhoods alike. These
protestors disrupt traffic, cause nuisance calls to police and create an unsightly environment. Residents
from all over the area on their way to the airport would have to factor in additional time to travel to and
from the airport because of protestors leaving and entering 3527 LWW.
The 2014 Commercial Corridor Plan endeavored to address the loss in population and rise in crime
along the corridor where 3527 LWW is located in a residential section between two commercial nodes.
It urged that further development of residential spaces should be "halted before these changes
negatively impact the corridor." Previous changes from residential to commercial use were identified
as causing erosion and were unnecessary because vacant commercial spaces were available in the
corridor.
Joyce Wegs
1531 Pine Top Trace
Mishawaka, IN 46545
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Angela Smith
From: Marzy Bauer <marzytbauer @gmail.com>
Sent: Tuesday, February 20, 2018 9:30 AM
To: Angela Smith
Subject: Rezoning of 3527 Lincolnway West
Dear Ms. Smith,
I am writing to express my opposition to the rezoning of the property located at 3527 Lincolnway West from Residential
to Commercial use. I would appreciate your conveying my concerns to members of the Area Plan Commission.
I am an urban planner, with a Master's degree in Urban Planning. I worked for the APC, the South Bend Redevelopment
Commission and SB Community Development for many years, so I know something about zoning and its impact.
In 2014, the South Bend City Council adopted a Commercial Corridor Plan for Lincolnway West, that included residential
breaks along the corridor of commercial properties. The property in question is one of the residential breaks.The reason
for including the breaks was to create a more resident-friendly neighborhood.
To rezone one property in this corridor against the concept of that plan is indicative of spot zoning, that is, zoning one
piece of property to benefit an individual owner rather than to benefit the community.
In addition, i am sure you are aware that the property has been purchased at a cost well in excess of its actual value by
an organization opposed to the interests of the current adjacent property owner. While of course they have the right to
purchase (although not the right to use it as a clinic under the current zoning), there is no question based on past
history, that the residents of this neighborhood will suffer disturbances from protesters, which will surely cause distress
to the people who live there, and will create traffic congestion and distraction on Lincolnway West.
I urge you to reject this re-zoning petition.
Thank you for your consideration.
Marzy Bauer
1426 Wayne Street, South Bend, IN
Marzy Bauer
marzytbauer @gmail.com
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Angela Smith
From: Ellyn Stecker <etstecker @earthlink.net>
Sent: Tuesday, February 20, 2018 10:43 AM
To: Angela Smith
Subject: Regarding a zoning request for today's meeting
Dear Ms. Smith: would you kindly bring my comments to the attention of the Area Plan Commission members? Thank
you very much. Ellyn Stecker
Dear Area Plan Commission members:
I understand that the Woman's Care Center bought a house adjacent to the medical office recently renovated by the
Whole Woman's Health Alliance (WWHA). I also understand that they need a re-zoning in order to establish a Woman's
Care Center there. I oppose that re-zoning given the history of similar sites being used to facilitate both large and small
scale anti-abortion protests and harassment of patients. I have witnessed that harassment and at times it was quite
vicious as well as being very distracting to drivers, bikers and walkers.
That area only has sidewalk on one side of the street and has a frequent change of auto, bike and turn lanes.
Furthermore, no medical staff person deserves harassment for providing needed medical care, nor do patients seeking
care.
Having an anti-abortion facility adjacent to the WWHA abortion facility will be very disruptive to patient care and create
unsafe traffic conditions in that area, The county and city should not be facilitating that.
Sincerely yours,
Ellyn Stecker, M.D.
1036 N. Niles Avenue
South Bend, IN 46617-1250
etstecker @earthlink.net
574-2892126 home 574-532-8166 cell
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DATE:
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REV. 1/30/18
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