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Home My WebLink About02-26-18 Agenda Packet 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, February 26, 2018 7:00 P.M. 1. INVOCATION-PASTOR MARCIA TAYLOR- MOUNT CARMEL MISSIONARY BAPTIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES- UPDATES FROM ADMINISTRATION ON CURRENT FLOODING STATUS 7. COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 04-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2104, 2108, AND 2112 E MISHAWAKA AVENUE, AND 914 AND 918 S 21st STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 07-18 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565’ SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75’, THEN WEST APPROXIMATELY 88’, THEN NORTH APPROXIMATELY 109’ TO A POINT APPROXIMATELY 530’ SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 10-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE 2 ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 8. BILLS ON THIRD READING TIME:______ BILL NO. 04-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2104, 2108, AND 2112 E MISHAWAKA AVENUE, AND 914 AND 918 S 21st STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 07-18 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565’ SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75’, THEN WEST APPROXIMATELY 88’, THEN NORTH APPROXIMATELY 109’ TO A POINT APPROXIMATELY 530’ SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 10-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 9. RESOLUTIONS BILL NO. 18-03 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 915 27TH STREET 18-04 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 2602 MISHAWAKA AVENUE 18-07 A RESOLUTION OF THE CITY OF SOUTH BEND WAIVING PETITIONER, THE LASALLE APARTMENTS, LLC NON-COMPLIANCE WITH IND. CODE §6-1.1-12.1.6 ET SEQ. 3 10. BILLS ON FIRST READING BILL NO. 13-18 FIRST READING ON AN ALLEY VACATION- EAST/WEST ALLEY 14’ IN WIDTH AND APPROXINMATELY 120’ LONG FROM EAST RIGHT-OF- WAY OF EMERSON STREET AND EAST RIGHT-OF-WAY OF NORTH/SOUTH ALLEY BETWEEN NORTHSIDE BOULEVARD AND HILDRETH STREET, SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. __________________________________________________________________________________________________________________ OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov 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: FEBRUARY 22, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, FEBRUARY 26, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 18-07- Petition for Non-Compliance Waiver- The LaSalle Apartments, LLC 3:40 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1. Bill No. 07-18- Menard, Inc. Petition to Vacate 3:50 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1 Bill No. 10-18- Venues Parks & Arts Final Reorganization Phase 2. Update- 2018 Budget Amendment Schedule & City Wage Information Posted in Gateway- Jennifer Hockenhull, Administration & Finance 4:15 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON 1. Update- Solarize Program- Therese Dorau, Director- Office of Sustainability 4:30 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Update- Future Request to Rezone City Owned Properties- Chris Dressel, DCI 2. Bill No. 04-18- 2104, 2108, 2112 E. Mishawaka Ave and 914, 918 S. 21st Street Zone Map Amendment 3. Bill No. 18-03- Special Exception for Property 915 27th Street 4. Bill No. 18-04- Special Exception for Property 2602 Mishawaka Ave. Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Dr. David Varner, Chairperson Gavin Ferlic, Member Tim Scott, Member Karen L. 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 M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 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 and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dr. David Varner, Member Gavin Ferlic, Vice-Chairperson Randy Kelly, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Randy Kelly, Chairperson Oliver J. Davis, Member Dr. David Varner, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and 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 and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Randy Kelly, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. 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 J. 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 J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.01-3-18) 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 M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member Council Rules Committee, Chairperson Sub-Committee on Minutes, Member PARC Committee, Vice-Chairperson OLIVER J. DAVIS, 6TH District Council Member Vice President 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 Council Rules 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 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dir,..ctor AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROO,\I 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571 January 3, 2018 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: 2104, 2108, and 2112 E. Mishawaka Ave. and 914 and 918 S. 21st Street APC# 2858-17 Dear Council Members: Filed in Clerk's Office JAN O 3 2018 KAREEMAH FGWLER CITY CL.E !(, SOUTH R ,...r 1 0, Ii ,__ _____ ·------ 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, ¥-nti1ufl Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND WWW. STJOS EP H COUNTY IN O I AN A.CO MIA R. EA PLAN BILL NO. 04-18 Filed in C'}-nice EJA'N!L- KAR,F-MAHORDINANCENO. FOWLER CITE'CLERK, SOUTH 77Mn. !N.1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2104, 2108, AND 2112 E MISHAWAKA AVENUE, AND 914 AND 918 S 21St STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property to MU Mixed Use, and seek a Special Exception for a fire station. 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: Lots 1 - 5 of B F Dunns 1 st Addition and the vacated alley north of & adjacent to Lot 4. be and the same is hereby established as MU Mixed Use District. SECTION II. That a Special Exception Use for a fire station in a MU Mixed Use District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, 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: 2104 E Mishawaka Ave South Bend, IN. 46601 2) The property Tax Key Number(s)is/are: EXEMPT PROPERTY OWNED BYA MUNICIPALITY 3) Legal Descriptions: Lot 3 B F Dunns 1st Add; Lot 2 B F Dunns 1st Add; Lot 1 N 93.7 Ft B F Dunns;S 38 Ft Lot 1 & N 112 Vac Alley S&Adj B F Dunns 1st;Lot 4 B F Dunns 1st Add& Vac Alley N&Adj. Ex 6'X41'Nw Cor Of Vac.alley; Lot 5 B F Dunns 1st Add; 4) Total Site Area: 0.68acres 5) Name and address of property owner(s)of the petition site: CIVIL CITY OF SOUTH BEND I South Bend Fire Department 1222 SMichigan St Filed in Clerk's Office South Bend, IN 46601 574) 235-9255 3 7018scox@sotcthbendin.gov JAN Name and address of additional property owners,if applicable: KAREEiVIMI FOWLER CITY CLERK;S0LJTH SE'',1r, !Ili 6) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Fire Station IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): FILED 1) 1. Setback/Facade Along Mishawaka Avenue Frontage Requirement to None DEC 2 2017 2. Perimeter Landscape Requirements Along North and East To None 3.Front Yard Setback Along 21s`Street From 5'Minimum to 1.3' AREA PLA14 COWS S-IIOON 2) A statement on how each of the following standards for the granting of variances is rnet: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Approving requested variances (I and 2) increases visibility for Fire Safety vehicles exiting the Apparatus Bay, thereby improving public safety. In addition, reducing Landscaping requirements along the East to none ensures that required trees do not impede the alleyway over time. Approving requested variance#3 does not impact the public HSW because the building still maintains 3'from the existing sidewalk and 16.5'from 21"St. while also allowing for appropriate stormwater routing along the East side of the property. 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: The new station will improve the existing site conditions and streetscapes along both Mishawaka Ave. and 21st Street, investing over$3,000,000 into the construction of the station and site. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 1. Setbacks along Mishawaka strictly observed reduce the necessary visibility of the exiting Fire Safety vehicles. 2. Perimeter landscaping as required along Mishawaka Ave (North Frontage) also limits visibility of exiting Fire Safety vehicles. Perimeter landscaping along East side yard are limited in appropriate growth area and may impede alleyway over time. Landscaping is provided where possible and partially meets requirement. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Special Exception:Fire Station in MU 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: The station is a public safety facility and will improve the safety of the public b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: In addition to the new facility improving the existing site conditions, the existing fire station is just 8 blocks away(facing Mishawaka Ave. on the same side of the street). c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: As previously noted, the existing station is within a close proximity to the proposed station. In addition to that, the proposed station will meet building height requirements and fit within the existing setbacks along Mishawaka Ave. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.It meets response times and fire suppression coverage requirements outlined within the Public Facilities and Services section, specifically Objective PF 1.1.4 In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Jonathon Geels- Troyer Group 550 Union St. Mishawaka, IN. 46544 FILED 574.259.9976 jsg@troyergroup.com DEC 2 2 2017 AREA PLA14 COMMISSION APPLICATION NO. ao 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) f all ro erty owner(s), or signature of Attorney for all property owner(s): FILED DEC 2 2 2017 AREA PLAN COMMISSION 1 APPUCATiON N0.-3 50 / 73.4 2-0.0 8.0 OL rT,rT1000 rn x I b rn C) 0 SIDES IffA A, A; a s- T 0H,o, 2 5 nm 0N) 3AF=Q 0 0 0 0 N O 0 m Z m m CL Z 0 M 0 0 g:0 C) F30 04 10 C=di CD cn 1 a 0 M 0 z CD z NEW SITE LAYOUT FOR: Z 0 HIBBARD BUILDING o r PLAZA DESIGN Cjp troyer group323SMAINST. SOUTH BEND, 46601 troyergroup.com Together,We Will PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we) a un rsigned make application to the City of South Bend Common Council to amend the zoning ordin ce a erein requested. 1) The operty sought to be rezoned is located at: 2104 E Mishawaka Ave South Bend, IN. 46601 2) The property Tax Key Number(s)is/are:. EXEMPT PROPERTY OWNED BYA MUNICIPALITY 3) Legal Descriptions: Lot 3 B F Dunns Ist Add; Lot 2 B F Dunns Ist Add;Lot 1 N 93.7 Ft B F Dunns;S 38 Ft Lot I &N 112 Vac Alley S&Adj B F Dunns Ist;Lot 4 B F Dunns Ist Add& Vac Allo„ ATP d 41'Nw Cor Of Vac.alley;Lot 5 B F Dunns Ist Add; 4) Total Site Area: 0.68acres1 5) Name and address of property owner(s)of the petition site: CIVIL CITY OF SOUTH BEND I South Bend Fire Departm 1222 S Michigan St South Bend, IN 46601 574)235-9255 scox @sotcthbendin.gov Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s),if applicable: Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Fire Station IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): e a ILED 1) 1. Setback/Facade Along Mishawaka Avenue Frontage Requirement to None DEC 2 72. Perimeter Landscape Requirements Along North and East To None 3-Front Yard Setback Along 21st Street From 5'Minimum to 1.3' AREA PLAN COMMISSION APPI ira'r3 nnr k1r,2) A statement on how each of the following standards for the granting of variances is'met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Approving requested variances (1 and 2) increases visibility for Fire Safety vehicles exiting the Apparatus Bay, thereby improving public safety. In addition, reducing Landscaping requirements along the East to none ensures that required trees do not impede the alleyway over time. Approving requested variance#3 does not impact the public HSW because the building still maintains 3'from the LAWRENCE P. MAGLIOZZI I XF I'll 1'Il'f 13IRI("I OR Angela M. Smith7ru,y.I 1).". I,,, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 327 W. JFFFFRSON BLVD., It0OM 1140 1•O11NTY-(ATY R111L1)1NG, SMITH BEND, INDIANA 46601 (574)115.9571 Wednesday, February 21, 20I8. The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Civil City of South Bend to zone from SF2 Single Family &Two Family District and MU Mixed Use District to MU Mixed Use District and seeking a Special Exception Use to allow a Fire Station, property located at 2104, 2108,and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend—APC#2858-17. Dear Council Members: I hereby Certify that the above referenced ordinance of Civil City of South Bend 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 Civil City of South Bend to zone from S172 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at 2104, 2108, and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the following written commitment(s) 1) installing a 6'vinyl fence on the south property line. Rezoning the site to MU Mixed Use will allow a consistent zoning district for harmonious development of the site.Approval of the Special Exception Use for the fire station will allow the City to improve its public safety services to the community. Upon a motion by Elizabeth Maradik, being seconded by Robert Hawley and unanimously carried, a Special Exception Use for a Fire Station, property located at 2104,2108,and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend, was sent to the Common Council with a FAVORABLE recommendation, subject to the rezoning being approved by the Common Council The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincere y, Lawrence P. Magliozzi Attachment CC: Civil City of South Bend Troyer Group SERVING ST. JOSEPH COUNTY, SOUTH BEND , LAKEVILLE , NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W,S I C I NO I A N A.C 0 M 1 3 0 6 3 a. b a p I., Staff Report 2/8/2018 APC # 2858-17 Owner: Civil City of South Bend Location: 2104, 2108, and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street Jurisdiction: City of South Bend Public Hearing Date: 2/20/2018 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, seeking a Special Exception Use for a Fire Station, and requesting 3 variances from the development standards. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north, across Mishawaka Avenue, is the Potawatomi Conservatories zoned SF1 Single Family&Two Family District. East: To the east is a gas station zoned CB Community Business District. South: To the south are single family homes zoned SF2 Single Family& Two Family District. West: To the west, across 21 st Street, is a library zoned OB Office Buffer District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories 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. Site Plan Description: The 0.69 acre site includes a proposed fire station oriented toward Mishawaka Avenue. Parking and secondary access is provided along 21 st Avenue. The site complies with the required landscaping and buffering. Zoning and Land Use History And Trends: A portion of this property was rezoned to Commercial in 2001. The majority of the site was reclassified as Mixed Use with the adoption of the new Zoning Map in 2004. Traffic and Transportation Considerations: Mishawaka Avenue has 2 lanes with a designated bike lane. Just east of the site,the bike lane is eliminated to allow for a designated left turn lane. 21 st Street has 2 lanes with on- street parking. Utilities: The site will be served by municipal water and sewer. APC# 2858-17 Page 1 of 4 Staff Report 2/8/2018 Agency Comments: The Department of Community Investment(DCI) offers a favorable recommendation. The proposed zoning would be consistent with the mixed-use character of the area. DCI also offers a favorable recommendation to the variance requests. 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: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006)Policy LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The future land use plan identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has developed as a mixed use corridor with nodes of heavier commercial at major intersections. 3. Most Desirable Use: The most desirable use for this property is mixed use. 4. Conservation of Property Values: With proper landscaping and buffering, adjacent property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow a fire station to develop on this site in order to better serve the community. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and 3 variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking a Special Use to allow: a Fire Station A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed fire station is designed to promote the public health and safety of the APC# 2858-17 Page 2 of 4 Staff Report 2/8/2018 community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; With proper landscaping and buffering, the proposed use should not adversely affect the use or value of adjacent properties. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed fire station is consistent with the mixed-use zoning district and the character of the area in which it is located. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed fire station is consistent with City Plan, South Bend Comprehensive Plan November 2006) Policy LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The petitioner is seeking the following variance(s): 1) from the 12' maximum front yard and building setback to 50' on Mishawaka Avenue 2)from the minimum 24' width of a parking maneuvering aisle to 20; 3) from the required minimum of 70%glazing on the front fagade to 11%, and from the required 12% glazing on the secondary fagade to 10% State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community; The proposed variances have no impact on the public health, safety and general welfare of the community. 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; With proper buffering and landscaping, the use and value of the adjacent properties should not be adversely impacted. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the setbacks along Mishawaka would reduce visibility of the exiting Fire Safety vehicles. Strict application of the drive aisle width and glazing would decrease efficiency of the site, which is designed to improve energy use (for LEED) and improve security for the equipment stored within the building. Staff Comments: The staff has no additional comments. APC# 2858-17 Page 3 of 4 Staff Report 2/8/2018 Recommendation: Based on information available prior to the public hearing,the staff recommends sending the rezoning petition and Special Exception Use to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning the site to MU Mixed Use will allow a consistent zoning district for harmonious development of the site. Approval of the Special Exception Use for the fire station will allow the City to improve its public safety services to the community. APC #2858-17 Page 4 of 4 Zf REZONING y p a 285817 Al A i 41 r fir. iem_ P` i C' elf. Aim 4.., i I r t I I 1 Y_ 1, t4K , X, POR+TrAGEa TOWNSHIP 1 inch = 100 feet E XF SF2 F ,= SF2 SH CB I CB y q i a z'- i MU LBCB ` a OB I MU OB SF2 J SF2 SF2 F SF2 r, Sf i S1 2 SF2 F. w MU Rezoning from: CITY OF SOUTH BEND SF2 SINGLE FAMILY & TWO FAMILY DISTRICT AND MU MIXED USE DISTRICT MASTER ZONING KEY to MU MIXED USE DISTRICT N SOUTH BEND"SF1"SINGLE FAMILY AND TWO FAMILY DISTRICT w E SOUTH BEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND"OB"OFFICE BUFFER DISTRICT S 1 inch = 100 feet SOUTH BEND"MU"MIXED USE DISTRICT SOUTH BEND"LB"LOCAL BUSINESS DISTRICT APC # 2858-17 SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT W n--- -_ MISHAWAKA AVE. 133.0 5'MIN.FRONTAGE SETBACK LJNE v I 52.0' 50'MAX. i 123.4• SETBACK LINE i. I i NEW FIRE STATION i 1I 51.0' I c of y u QU J G u o. I: IF S"JE •SBA KLJ+F 9 VUP1L FENCE LEEDS yolE11' TjLpPE4F1'101E 133.0' i Jennifer Parcell From: Erin Blasko <erinblasko @outlook.com> Sent: Monday, February 19, 20181:25 PM To: Jennifer Parcell; Larry Magliozzi Cc:kwhite@southbendin.gov;gferlic @southbendin.gov;jvoorde @southbendin.gov Subject: Petition to rezone various parcels and seeking a special exception for Fire Station No, 9 President Brewer and members of the commission: I write to you on behalf of my mother- and father-in-law regarding the petition to rezone 2104, 2108 and 2112 E. Mishawaka Ave. and 914 and 918 S. 21st St. from Single Family and Two Family District and Mixed Use District to Mixed Use District and seeking a special exception for a fire station. Chingiz and Renada Ragimbekov, 922 s. 21st St., live directly south of the proposed fire station. With the demolition of several homes for the project, theirs is now the only property contiguous to the site, which otherwise is bounded by Mishawaka Avenue to the north, 21st Street to the west and the north-south alley between 21st Street and Ironwood Drive to the east. Given their unique relationship to the property, they previously met with Fire Chief Stephen Cox and Kyle Copelin, principal with Epoch Architecture+Planning, to request that a white, vinyl privacy fence be erected along the southern edge of the property to further shield their hoine from the station and to keep any trash or debris from blowing into their backyard. The fence also would prevent people from using their backyard as a shortcut between Mishawaka Avenue or 21 st Street and the east-west alley that runs alongside their house and provides access to their driveway. While they are pleased to see that the fence has been included in the proposed site plan for the project, they would like to request that it be added to the petition in the form of a written commitment as well. This would provide them with a degree of comfort in the form of an avenue for legal recourse should plans for the project change in any way between now and the end of construction. Subject to this commitment, they offer their full support for the project,which will greatly enhance public safety in River Park with the addition of an ambulance and river rescue unit; provide for vastly improved working and living conditions for the firefighters themselves; and improve the overall look of the area with the redevelopment of several formerly vacant properties. Thank you for your consideration of this matter. t Regards, Erin Blasko 3291 Colony Ct. Mishawaka, Ind. 574-386-1758 erinblasko @outlook.com z LAWRENCE P. MAGLIOZZ1 EXECUTIVE DIRECTOR Angela M. Smith 1)e put)• Di r u v t.,r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN L7 \\', ILFFLRSON BL\'1) ROO)I 1 14 0 CDUNTI'-CIT) BUIL1)1NG, SOUTH BL•N1), INDIANA 46601 (i74) 23i-)i71 February 21, 2018 Honorable South Bend Common Council 4«'Floor, County-City Building South Bend, IN 46601 RE: Bill #04-18 Rezoning: APC#2858-17 2104, 2108 and 2112 E Mishawaka Ave and 914 and 918 S 21" Street 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 petition was updated with the correct address and tax key numbers 2) The variances requested were updated to reflect the new MU Mixed Use District standards There were no changes to the Ordinance. Public Hearing Summary: There were 2 people that spoke in favor of the petition stating the Fire Chief had worked closely with the neighbors to determine a good alternative that the neighborhood is happy with. We received 1 letter in favor of the petition provided a written commitment for a 6' vinyl fence was included. If you have any further questions, please feel free to contact me at(574)235-9571. Sincerely, 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 I O S E P H C O U N T Y I N D[ANA C O M/A R E A P L A N 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: 2104, 2105', and 211211 Afi.sharrcJka Ave anc(914 and 918.S 21".Street, South Bend, IN. 46601 2) The property Tax Key Number(s) is/arc; 018-1027-0744, 018-6027-0745, 018-6027-0746, 018-6027-074 ilil. 018-0027-0747, 018-6027-01-148 3) Legal Descriptions: Lot 3 B h'Dunns I st Adcl: Lot 2 B 1''Dunns I st Acicl:Loi I N 93.71'7 B P'Dunns: .S 38M Lot I cl N 1.2 1 ac AHev.S cl;A((j 131''Dunns 1st;l,nt 4 R 1 Dunns I st At:&ct Vi7e AHey N ci Ad_j. Ax 6X41'Nii•('or Of I alle.y: Lot 5131' Dunns 1s'tAdd; 4) Total Site Area; 0.68acres 5) Name and address of property owner(s)of the petition site: C'I1IL CITY 01;',W)II H BEND .South Rend Pire Deparimel1t 1222.S Rlichi(;an.Si South Bung IN 46601 5 74) 235-925.5 scor u:southbvndirl.gov Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: 1\'alne Ach1re.ss C WY, .Slate Zip Coil, hone number v0th Area Cocle 1c'-A,fail A&Ire.ss Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: F I L F, Front: SF2 Single Family Two Family? District MU Mixed Use District JAN 30 2018 To: MU Mixed Use District AREA PLAN COMidiISSION A lication# '`/ 8) This rezoning is requested to allow the following use(s): ]'ire.Station IF VARIANCE(S)ARE BEING REQUESTED (if not,please skip to next section): 1) 1.;1.1ariminll.S'c'thcrck=!long A9i.shcnvuka Avenue h)•ontage Reyuiretnew Prom 12'to 50' 2. Orive Isle II''OO Regnirernent 1,r-om 24'io 2t)' 3.Alininnon I?equirement of 70% Glazing to II% Glazitll; on the,froni fiiVade. and 1200 to 10%on the secondal.l' fir4'c1cJe. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the coIllmunity; Appt'ol'ing regiie1'te(l i ariance I Jllcrease.l' L'1.57hlllil'f0J'1'll'e.S(1fe1}'vehicles exiting,the llly)arams thereby Appi'oilikq VC111607ce 2 !.fill not inilJaet public ILSH" because this is not a public drive. 772ere is also ample room u) maneuver ve'hicle's as the adjacent apparatits dii+e° opc'rtr sl rnificarttly fbt most ofthe parking area There is also no curb to impede turni;W movemenis. Approving requested variance '?3 does not iny)act the public H.W because the building still maintains the character ofthe nc'ighborhobel. 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: 1he new station ivifl improve the existing site cowlilions and Vireels'capes along both Hislicni-aka Ave. and 2'1"Street, investing over,U.000,000 into the construction of the station and site. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 1. S'eiback.s'along Afi.s'hctwaka s'triciltr observed reduce the necessity visibility df'the exiting lire.S'afeoy vehicles. 2. The drive isle recluclic)n contributes to overall siornnrater manclg there is a significant amount of'impervion.s'stn face and this rechdction aicts' rith ac jaee'nt stornnrctter storage areas. 3. I he builcling is-designed it)improve energy use (fd)r and improve securill'fi)t''the equlpmenf s•lored riihin the appe:+rcaus boy, hence using the urge solid doors i+-hic•h is the mcilority gfthe.lbcade- IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: .'Ypecial Exception:Pire.SYation in AM 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: 111C S06017 is a pldhlic safe('fcrcilily and rill improve the safety nf'thc Public b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: In mWition to the ex's, fetCihty improving the exis'tingsite conditions. the ffiSting.fire station is lust 8 blocks ana. ' (fctcintr Mishenraka Ave. on (he same sidle uf'the sir•eel). c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: As previous'lY nolecl, the eri.sfing station is within a close proximilY to the proposedl station. In addition to that, the proposed station vs--ill meet building height requirements and fit t•iihin the esistin,.Wetbacks along Mishawaka Ave. d) The proposed use is compatible with the recommendations of the Comprehensive Plan. 11 meets responSc times aw.l.,fire snppress'ion coverage requirements ottthnecl within the Public l icililies ancl.S'crrlces section, specifically Oblective 1'F 1.1.4 hl the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Ionc1117012 Geels - Troyer Group ill Union.57. AP sha mrcika. IN. 404444 fsg a lroivrgroup.com JAN 30 2018 AREA PLAN COM.MliSSION Application# Vi/ 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. Signatures)0 11 roperty owner or signature of Attorney for all property owner(s): I LF, 0 JAN 30 2018 AREA PLAN CO 0ji m2-4Alication# 0 Filed in Clerk's Office January 30, 2018 FEB 0 5 2018 KAREEMAH FOWLER VIA U.S. MAIL CITY CLERK, SOUTH BEND,IN City of South Bend Office of the City Clerk Clerk Kareemah Fowler Room 455, County-City Building South Bend, IN 46601 Re: Menard, Inc. Petition to Vacate Public Rights-of-Way South Bend, Indiana Clerk Kareemah Fowler- Menard, Inc. is relocating from its existing store to a brand new location to be built upon the site of the long-vacant former K-Mart located at 4640 South Michigan Street. Key to that effort is the vacation of the southern portion of the St. Joseph Street right-of- I ad way adjacent to the parcels Menard, Inc. owns. To that end, I am enclosing the following: 1. Petition to Vacate Public Rights-ofWay 2.Proposed Ordinance 3.Envelopes addressed and stamped with certified mail for all property owners within 150' feet of the right-of-way to be vacated. Also enclosed are copies of the Ship Request Forms for the City's tracking purposes. 4.Check in the amount of$150.00. 5. A copy of the radius map. 6. This letter explaining the request. Menard, Inc. owns property on both sides of the proposed vacation. The vacation is necessary to obtain additional north to south distance for our site planning needs. The request also moves the southern limits of the City right-of-way back to the realigned intersection with Callendar Street, a more logical termination point for St. Joseph Street. I look forward to discussing the request with the City Council. I would appreciate confirmation of the meeting dates and times. I maybe reached at 715.876.2810. r truly yours, v Thomas W. O'Neil Real Estate Acquisitions Menard, Inc. 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 BILL NO. 07-18 BILL NO. 07-18 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST.JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 88',THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY Now hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 023-1035-1766 (Menard, Inc.) 023-1035-1771 (Menard, Inc.) SECTION IV. The purpose of the vacation of the real property is to allow Menard, Inc. to redevelop the former K-Mart property, realign St. Joseph Street at the Callendar Street intersection, and widen the Menard, Inc. property south of the right of way vacation sufficient to allow the construction of I a Menards home improvement and building materials supply store. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Filed in Clerk's Office STREETS/ALLEYS) FEB 0 5 2018 KAREEMAH FOWLER TO THE COMMON COUNCIL JANUARY 29, 20P CITY CLERK, SOUTH BEND,IN OF THE CITY OF SOUTH BEND, INDIANA MENARD, INC., A WISCONSIN CORPORATION, THE UNDERSIGNED PROPERTY OWNER, PETITIONS THE CITY TO VACATE: A.THE SOUTHERLY PORTION OF ST. JOSEPH STREET, DESCRIBED AS FOLLOWS: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY NAME ( ' ed & rin ed) ADDRESS LOT # MENARD, INC., A WISCONSIN CORPORATION 5101 MENARD DRIVE EAU CLAIRE, WI 54703 AS OWNER OF THE PROPERTY LOCATED AT 4640 SOUTH MICHIGAN STREET. GENERALLY KNOWN AS THE FORMER K-MART. THE PARCEL ID NUMBER IS 023-1035-1771 CONTACT PERSON (S) NAME: TOM O'NEIL REAL ESTATE ACQUISITIONS RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 5101 MENARD DRIVE KAREEMAH FOWLER, CITY CLERK EAU CLAIRE, WI 54703 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 PHONE: 715-876-2810 574-235-9221 EMAIL: TONEIL @MENARD-INC.COM Updated 6/22/12 5 O q w w i 023-1035-1730 023-1035-172901 s 023-1035-1735vp --- 023-1035-1762 023 1035 1763 I E Callan f 68 C23 0351.766 023-1035-17350 023 FilQdin Cler;,,:'s Office 023- 10 FEB 0 51014 KAREEMAH Ft,WLEF-1 1035 y CLERK,SOUTH SEND,IN City of South Bend Dept. of Public Works Alley Vacation 150' Radius 227 W Jefferson Blvd. #1316 South Bend, IN 46601 Menards, Inc., 4640 S. Michigan Phone: (574) 235-9251 Right of way to be vacated begins at a point approx. 565' south on South 0 150' Buffer St.Joseph Street from the E. Ireland S. ROW, running south approx. 75', Address List attached then west approx. 88', then north approx. 109' to a point approx. 530' Date Prepared: 1/26/2018 DCH south along South St. Joseph Street from the E. Ireland S. ROW. 5ou'rrr l4A[E ig65 Y INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12111/2417 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Matt Longfellow, Engineering Department Chris Dressel, Community Investment ederico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaglioz(a),co.st- ose h.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin((,nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT:Menard Inc., A Wisconsin Corporation LOCATION: South St. St. Joseph St where it dead-ended at the former Kmart DATE DUE: December 19, 2017 FAX OR E-MAIL TO: 235-9171 / Imartin(c southbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: