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05-18 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-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5741 235-9571 January 3, 2018 Filed in Clerk's Office Honorable South Bend Common Council 4`h Floor, County-City Building JAN 0 3 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN 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, 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 PETITION FOR ZONE MAP AMENDMENT City f 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 corner 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 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. 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 Pgmail.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 1 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 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): BILL NO. 05-18 ORDINANCE NO. 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 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 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 H. 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. Tim Scott, Council President Member of the 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 ►st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRER WSW '✓ LAWRENCE P. MAGLIOZZI FSF(I(I r I IF 1)I Ri.TOR Angela M. Smith 1)rFuf1 l)1-,I.- AREA PLAN CQMMISSION OF ST. JOSEPH COUNTY, IN 327 W. )1.FFFItSON BLVD., IMMIt 1110 1-(,UITY-CITY 1111Lh1NG, 50111-1 131.1), INDIANA 46601 (S74) 233-9371 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)C I N D I A N A.C 0 N I)0 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 SF 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 S172: 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 1: Single Family and Two Family District. District Uses and Development Standards: The OB: 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 OB: 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. '1PC # 2859-17 Page 2 of 2 LAWRENCE P. MAGLIOZZI q,'C F.XF.0 U TI VF. 1)1RGC1 1)R Angela M. Smith DcP.tr Iti-1— AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 tV. JEFFERSON BL1'U.. ROOM 1140 C'OU NI )-C1 I') BUILDING, SOUTH BEND, INDIANA +6601 (474) 23i-9i71 February 21, 2018 Honorable South Bend Common Council 4`h 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 1 I letters in opposition to the petition. If you have any further questions,please feel free to contact me at(574) 235-9571. Sincerely, .�%[ Lac Angela. 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 1A N A.C O M/A R E A P L A N u aas�w1 9 ` Y. •� � i �� r f �S : __ a 5., i t r �3r,«i � Li� ri —.•.y. �- -. �3 y'li w X j7q. 1► ;- �' 1 `�• - b„y -DER+ - t • - _ i- 3j�. �� �� • `tom ar AM IZZ r I, S. w Wes _ E --- SFZ— SF2 . SF2 sSF2i t .:- 'Oi w [ : SF2 z SF2 +� mod, O SF2 W lj ELW ate, _ V OOD = . I i SF2 SF1 --- O - O r OB z W _ m_ wt q i LB SF1 CB I Rezoning from: CITY OF SOUTH BEND SF1: SINGLE FAMILY & TWO FAMILY DISTRICT TO MASTER ZONING KEY OB: OFFICE BUFFER DISTRICT N SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT W iE SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER DISTRICT s 1 inch = 100 feet SOUTH BEND"LB" LOCAL BUSINESS DISTRICT �� SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT APC # 2859-1 8 T099h euelPul'Pua94NOS I OOZ aUnS'7se3 Aemupmun 6Z6 `dN`dIQNI'QN38 H-Lnos §� G 1S3M AVMNIOONII ME 2AIN30 MWO S,N3WOM - r rADN�dlggv o��s 3H12iO3 SNOliVAONMJ o < U Og r Ow Z Z O°pa pr r x Q Z x( O Q z w X w Or LL po N� w °WW Z LL LL-LL LL rn r _ QU � m 2 md❑Z Nm E k Z o �N QC7 �pQw�`��"jj� N U \\ W r U fall y N U a Y t)t Q r °U O W w V N O U ol N U W Y L W Y dd E W x LL x Q ❑N Qzd p7ZU UL�YwY a0 w u7 ❑� r o w uaJ i ° 0-- m-U� aUmp< v)mw r0a = ¢ �Z OZOUI .n >°o C, Q r,J 0 LL° °kow �mdm 'Qa? z� c? ¢ o eR°re❑ �LL o0 Q 7dC9�r r 0 m OZLL °vi�� Z w r � 0CK N g IL ci o w W o ❑ ow z o= ° a w S U♦J j O m W O of O ❑r Z UW U Z c t ?W F 7d'❑oawQ �irr �¢ k o K y o rii dL < J NW W a: 02w zw w m w (7 r N wa O g �w w its>o:m x20 o❑ a ❑ a ❑ w wo w U.A p�U ° pWWQ -U N W W W QZ �a•0O W Q?W 7w V) N w Q K W LL co V 2 Z �u_Ntn R' aim mK O a O uj W yd' N I a a z i Z O ¢O 0 f � a � a y O O r [V t7 Q N 16 I� m _ _ _ _ _ I_ _ _ _ _ _ / I � / I z 0 Z z / o Q z N 12 w W2 W O Q z mZ ' 0FW_w OZ IQ a7 z W w m Z z w ww w� QW � w0 zg0 H O z 2 ZW i W H O 0 C7 �w W W~ ° p0p W p0Q O J U5� C) Of Y Calm U)ma d Q ma Q °~ Z' I 00a Ww< a� C70 O�a Ow C7 C90 C7 �� wa i 0 Q 0 9 U Q w z H z U z) z KZ z zwu�i ago av r=o F-L) Po o �w o Nm �z F- U) 2019 3 Q T TzZ Nm J (/J� J ?)a' ZZ / �zz Dwa wa x= xw Xw Xw =) wZ) 00 W LU< omJ Z(A w(n W LL� wOf m W 00 m Z0 2N I I } I OV 13 O l JOIS.8 / j W J / zaz r� Fr¢ W r--- - .I �U / Z W I F CL co w I I F I I = z O CL O N O o I � -4 I W W f - / O LLJ b 123f a V7--k 7V7 LLI .99'Z6Z � U) � i I o m aac� Z O az r a W Z U�Z OZ W wm W vaw cnww Zz (nU-w� �43m I oww °ow ZN Wm>-(Un L) W> / ZZDO W Q W�♦n ZaZao aOC=! Z>O Uww P L w wad g°� oww / X�ow I wWC� oac� Zoe woam - mmz ZWK Y» w�0 000 ¢mow a3N LL F-N aaa / 1 - 3 c)—j T- C, c 113 CC. � U� Sue Carlson From: Sue Carlson on behalf of Richard A. Nussbaum Sent: Friday, April 06, 2018 10:14 AM To: 'drdav007 @aol.com'; 'dvarner @southbendin.gov'; 'tscott @ south bend in.gov'; Irpreston @south bendin.gov'; 'Oliver6thdist @aol.com'; 'odavis@ south bend in.gov'; 'odavis @sbcsc.kl2.in.us'; 'jbroden @southbendin.gov'; 'smcbride @southbendin.gov'; 'gferlic @southbendin.gov'; 'kwhite @southbendin.gov'; 'kwhite4211 @gmai1.com'; jvoorde @southbendin.gov'; 'kfowler @southbendin.gov' Cc: Richard A. Nussbaum; 'rpalmer @maylorber.com' Subject: Petition of Women's Care Center, Inc. Attachments: WCC Pamphlet.pdf We inadvertently did not attach this Women's Care Center Pamphlet to our position paper. Thank you. Sue Carlson Assistant to Richard A. Nussbaum, II Sopko, Nussbaum, Inabnit & Kaczmarek 210 South Michigan Street 5th Floor- Plaza Building South Bend, Indiana 46601 Tel: 574/234-3000 Fax: 574/234-4220 E-mail: suec @sni-law.com This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. Filed in Clerk's Office APR 06 2018 KAREEMAH FOWLER r CITY CLERK.SOUTH SEND,IN 1 guppo*d MOMS. 9lea&kt A BABIES. x t y • A a si t► -0 a al 1i t e i! is_s OUT OF BABIES BORN IN THE CITY OF ZIP CODE 116628 SpUTH BEN Women's Care Center Baby Ashton D START WITH US! Founded in 1984 by University of Notre Dame professor,Dr.Janet E.Smith, Women's Care Center now serves tens of thousands of women every year from 29 centers in 10 states. 1,837 babies were born to our St.Joseph County moms last year alone. These babies will one day fill over 90 classrooms of children. OVER —`° FOR ST. JOSEPH COUNTY WOMEN SERVED COME AT THE RECOMMENDATION OF A 4,109 women served last year FORMER CLIENT 76 women served a day _ ` 172 moms attend classes weekly LAST YEAR, OUR MOMS EARNED: 2,088 packages of prenatal vitamins 7,768 baby outfits(all new) 114 cribs, 156 car seats 2,834 baby/toddler books 107,701 diapers :,. n1 Wffl th&t Vahiea gie#TWW Individualized pregnancy plans • Ultrasounds to promote maternal bonding • Prenatal vitamins for healthy babies Group classes on having a healthy pregnancy, baby basics and parenting • LL Strong Fathers program A SERVICES One-on-one parenting education and self-sufficiency training 1st Time Moms Class helps women prepare for delivery. By participating in all classes and education,moms earn OF CHARGE cribs,car seats,diapers and other baby necessities. Baby/toddler books are distributed to encourage reading. WomA gewed ilk Over 90%of the teen moms in the county receive help at Women's Care Center. I i I I SOUTH BEND BIRTHS COUNTY BIRTHS / / 3,573-Annual iota€ 1,194-women's Care Center 1,837-Women's Care Center COUNTY TEEN BIRTHS 238-Annual Total 219-Women's Care Center OUT OF WOMEN SERVED V� �7 LIVE IN 21P CODES 46628 & 46619 k:\ • Unconditional love— -- ~ non-judgmental support for all • Home-like,welcoming centers _ ,4 • Convenient locations • All services are free of charge 1 1 wi iw • Compassionate nurses,sonographers I and counselors • Holistic approach that helps before and after a baby is born Hundreds of students from Saint-loseph High School donated 30,000 diapers, • Strong community support setting up a"diaper brigade"to deliver them to our center. "I first came here because I had no support. I was homeless,I had no friends,no family—I didn't have anybody. I needed someone to listen to me. And I just felt so comfortable! I walked here every day to classes—in the rain,in the snow—this is i my home now.This is my family. 44-* - � The way my life is now—it's all because I came here. My life is II � 4W•41, ten times better now. I have my own place,a job,I'm financially r qFA responsible. I am able to take care of myself and my boys. All because of Women's Care Center." �''� said Sade,mom of babies Elijah and Leon(shown left) s 46619 oot Baby Delilah / ® / OUT 6619 Baby Max OF Ale BAB IES BORN IN THE CITY OF SOUTH TH B E ND START WITH USA X6619 t k I ;Alp- ; 1 Baby Levi r , o Baby Ella 4 �'c Baby Isabella BILL NO. 05-18 Dear South Bend Common Council Members, I strongly urge your support for the Women's Care Center's rezoning request. My late wife Mary was a founding board member of Women's Care Center, along with her sister,Ann Manion, who oversees the center today. In addition, my wife Lori has been touched personally by the center. Her daughter was a client; and Lori is passionate about the important work that they do. Lori believes her precious grandbabies might not be here today but for the love and support of Women's Care Center. This center was founded on the belief that no one should have to face an unplanned pregnancy alone. The strength of this organization is that they are not political or divisive. They simply offer unconditionally loving support to women who are pregnant. Lori and I know first-hand the quality of their services. Care that goes way beyond a decision for life. Hundreds of women and men a week attend strong fathers and first-time moms educational groups, parenting classes, as well as prenatal and life skills education. Along the way, parents earn much needed necessities like cribs, car seats, diapers, and new baby clothing. The addition of this important work in the Bendix Node will have great impact. Please know that for me this ask is personal. Women's Care Center getting their zoning means more to me than many of the other issues with which I am confronted on a daily basis. Please lend your support to this much-needed expansion on the west side. Mike Hamann 2658 Tomahawk Trail South Bend, IN 46628 Filed in Clerk's Office APR U 9 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 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 FEB 1 U AREA PLAN;1,OMMISS10N An` ela 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 i An ela 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 @ Rmail.com 1 Angela Smith From: Lidinsky, April <alidinsk @iusb.edu> Sent: Friday, February 16, 2018 4:48 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. 1 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 2 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, i 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 �I 2 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 ora 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.lust 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. R E C E I V l FEB 20 AREA PLAN COMMISSION 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 Gailmcguire 1013fgmail.com IRECEIVE61 FEB 2 0 7..V i li AREA PLAI\,COMMISSION Angela Smith From: Alan Engel <alanengel3 @gmail.com> Sent: Sunday, February 18, 201810:28 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 i 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 C 6 l V L�� �` S FEB 2 0 2 01 R AREA PLAN COMMISSION 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, 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 Y FEB 2 0 2078 I AREA PLAN COMMISSION 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 I South Bend Submitted to the Area Planning Commission of the City of South Bend on February 20th, 2018 Lincoln Public concerns and harmful outcomes resulting in change of zoning for Way West Summary The property at 3257 Lincoln Way West is zoned SF1 , for single family. Women's Care Centers INC paid ,YC $130,000 (AV $74,900) for the property late December 2017. Earliest record of home is 1916, previous :;f °s„ '.f3FFICE i ownership transfers were in 2001 and 1980. This house 3527 -..6istRrci;- did not appear on real estate market listing searches for sale prior, nor were signs placed adverting the �. .. 'k0;', . 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), FR-E C�El V Research Brief on 05-18 Tuesday. Feb�-uLii-y 20. 201 B FEB 2 0 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 T Bloomington Health... are a little more than a half-mile apart. This z; 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. l Research Brief on 05-18 Fuosclay. February 2.01 2018 FEB 2 0 �(��� � 2 AREA PLAN" MISSION 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, operates a main office five minutes from EMW Women's Surgical F' Center and a satellite r directly adjacent to the OBGYN clinic. In this t photo you can see - _ }' z ,.X. 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. FRECEIVti-.� I National Abortion Federation,2016 Violence and Disruption Statistics 44 FEB 2 01(x, 4 Research Brief on 05-18 Tuesday. February 20, 2018 3 PLM,;;',OMMISSION �. 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. ry A7� Sheridan Node N.c'•idrrd�al , Lincoln 4 Vdy Corridai P1,in 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). - Research Brief on 05-18 Tuesday. February 20, 2018 i 4 FE0 2 0 ?018 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 FEB ? 0 ?WH AREA PLAN OOMMISSION 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 marzytbauermail.com 1 Angela Smith From: Ellyn Stecker <etstecker @earthknk.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 1 I LL X � -- F - ~ Z w w � o c.) Q LL w > o z < z 0UZz Q � Q � Z m > w ? = woLr) O (y) c/) DATE: 12/29/17 REV. 1/30/18 I © 2018 ALLIANCE ARCHITECTS ALL RIGHTS RESERVED I SHEET NO. - k'ILED - JAN 30 2018 ' AREA PLAN CO I Application# SOPKO, NUSSBAUM, INABNIT & KACZMAREK ATTORNEYS AT LAW 5TH FLOOR-PLAZA BUILDING RICHARD A.NUSSBAUM.II' 210 S. MICHIGAN STREET OF COUNSEL BRENT E.INABNIT•' SOUTH BEND, INDIANA 46601 THOMAS C.5OPK0 MATTHEW R.KACZMAREK TELEPHONE(574) 234-3000 KEVIN E.WARREN FACSIMILE(574)234-4220 JOSHUA A.VISSER NICHOLAS J.DERDA E-MAIL ADDRESS:SNI®SNI-LAW.COM WILLIAM M.SIDERITS CHRISTINA M.SHAKOUR 'ALSO ADMITTED IN MICHIGAN February 22, 2018 "ALSO ADMITTED IN ILLINOIS (Via Hand Delivery and Email) Filed in ClIerk's Offima The Honorable Council of the 2 2 2010 City of South Bend 4'' Floor, County-City Building KARE FdTV R South Bend, IN 46601 CITY CLERK,S0k)TH BEND,€N} I Re: Bill No. 05-18; A Petition of the Women's Care Center,Inc. to Zone From SF 1 Single Family and Two Family District to OB Office Buffer District, Property Located at 3527 Lincolnway West, City of South Bend Dear Council Members: I am the attorney for the Petitioner, Women's Care Center, Inc. ("Women's Care Center") involving Bill No. 05-18. As you are aware,a hearing took place on February 20,2018 at the Area Plan Commission. At that hearing we were informed there were eleven (11) letters received by the Commission in opposition to our Petition. We have now had an opportunity to review the letters, and would respectfully request the public hearing scheduled for Monday, February 26, 2018 be removed from the Agenda and rescheduled for March 12, 2018, or at another date which the Council deems appropriate. In reviewing the letters, we respectfully suggest there are some misunderstandings since the organizations referenced in the letters, against which the authors of the letters complained, are not in any way affiliated with or necessarily consistent with the mission of Women's Care Center. Additional time would be appreciated in order to permit us to correct some misunderstandings and have a constructive dialog regarding the concerns raised before any public hearing. Thank you for your consideration of this request. Sincerely, Richard A.Nussbaum, II dickn@sni-law.com Attorney for Women's Care Center RAN/sc cc: Women's Care Center PAWPSi\DoC\RaN\WOc]tr.aocx Bianca Tirado From: Richard A. Nussbaum <DickN @sni-law.com> Sent: Thursday, February 22,2018 2:55 PM To: Bianca Tirado Cc: Marty Murphy Subject: Bill No 05-18 Request to reschedule Public Hearing Attachments: Council Itr.pdf I am attaching the request of Women's Care Center, Inc.to reschedule the public hearing on the Bill from February 26, 2018 to March 12,2018 or another time the Council deems appropriate. The letter attached sets out the reason for the request. Thank you for your consideration of this request. Richard A.Nussbaum,II Sopko,Nussbaum, Inabnit&Kaczmarek 210 South Michigan Street 5th Floor-Plaza Building Filed �n Clerk's Office South Bend, Indiana 46601 Tel: 574/234-3000 FEB 2 2 ZUR, Fax: 574/234-4220 E-mail: dickngsni-law.com 0ITy CLERK,SOUTH BEND,IN President,Midwest League of Professional Baseball Clubs, Inc. This Message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. i SOPKO, NUSSBAUM, INABNIT & KACZMAREK ATTORNEYS AT LAW 5TH FLOOR-PLAZA BUILDING RICHARD A.NUSSBAUM,II' 210 S.MICHIGAN STREET OF COUNSEL BRENT E. INABNIT'• SOUTH BEND, INDIANA 46601 THOMAS C.SOPKO MATTHEW R.KACZMAREK TELEPHONE(574) 234-3000 KEVIN E.WARREN JOSHUA A.VISSER FACSIMILE(574)234-4220 NICHOLAS J.DERDA E-MAIL ADDRESS:SNI®SNI-LAW.COM WILLIAM M.SIDERITS CHRISTINA M.SHAKOUR 'ALSO ADMITTED IN MICHIGAN MEMORANDUM "ALSO ADMITTED IN ILLINOIS TO: Honorable Members of the South Bend Common Council FROM: Richard A. Nussbaum, II, Attorney for Women's Care Center, Inc. ("WCC") RE: Petition of WCC to rezone 3527 Lincoln Way West("Property")from SF-1 to OB DATE: April 5, 2018 In anticipation of the public hearing on the WCC Petition,I wanted to provide some information in writing to assist you in your deliberations. The following format will be used to be as efficient as possible given the multiple issues you need to address at each Council meeting. Filed it C!arr!x':, (,; ;ce I. Introduction —----- ----. II. Zoning Criteria _ III. Addressing Concerns Raised by Remonstrators LAPR. 0 5 2010 1 IV. Conclusion I. INTRODUCTION The WCC has been in existence since 1984. It is now in ten (10) States and twenty-nine (29) locations providing services to women prior to the birth of their babies, and most importantly, after the child is born. WCC helps the moms of two (2) out of three (3) babies born in South Bend (see folder attached) and this mission provides tremendous value to our community. In fact, if you quantify tangible items like diapers,cribs,vitamins,(new)baby clothing,baby books,pregnancy tests and ultrasounds given away without any charge to young women, it amounts to Six Hundred Thirty-three Thousand and 00/100 Dollars($633,000.00)each year in St.Joseph County alone. And this does not even include the thousands of hours of parenting,healthy pregnancy and self-sufficiency education provided. Many of you have visited the WCC facility and we thank you for doing so. A gaping long time need for a location of sufficient size and quality on the west side (46619 and 46628 area codes)to serve women in their own neighborhoods is met by the property to be rezoned. The east side of South Bend and St Joseph County is well served by facilities of sufficient size and quality. When this opportunity to purchase the Property presented itself, WCC jumped at the chance. WCC is a tax-exempt corporation and relies almost exclusively on the generosity of benefaction and many volunteers. The services and items it provides clients are totally free of charge. It does not engage in any political lobbying or protesting whatsoever. Its mission is totally woman centric. NONE OF THE EMAILS THE COUNCIL HAS RECEIVED IN OPPOSITION TO THE WHOLE WOMAN'S HEALTH ALLIANCE FACILITY WAS AUTHORIZED BY OR SENT BY WCC. Page 1 of 4 II. ZONING CRITERIA As in any rezoning petition it is reviewed by Area Plan Commission("APC")staff for presentation to the APC at a public hearing. Attached is the staff's findings and recommendation in favor of this rezoning. The criteria under Indiana Law I.C. 36-7-4-603 which a reviewing body like the Council are addressed in the report, and summarized: • Comprehensive Plan-the proposed use of the Property by WCC meets the West Side Main Streets Plan and the Comprehensive Plan of the City of South Bend. • Current Conditions and Character - Lincoln Way West is a mix of commercial and office businesses. To the north and south of the Property and others on Lincoln Way West are residential. • Most Desirable Use-APC Staff has stated it is office or commercial use. • Conservation of Property Values-APC staff has stated property values should NOT be affected negatively. • Responsible Development and Growth - it is reasonable development and growth to encourage development of office and commercial uses in the mixed use node where the property is located. The Staff Analysis is particularly important to review: "Rezoning this property to OB; Office Buffer will correspond well with the adjacent commercial and office properties along Lincoln Way. The rezoning corresponds with the City Comprehensive Plan and the Bendix Node(West Side Main Streets,2014)which this parcel is located." Attached I am providing:(i)copies of the Area Plan Commission Staff Report;(ii)relevant portions of the City Plan approved 2006; and (iii) relevant portions of the West Side Main Street Plan. Within the materials provided from the comprehensive plan is the resolution of the South Bend Common Council approving the City Plan on November 13,2006. Also included are the objectives of the City Plan referenced in the Area Plan Staff Report(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 73: "support neighborhood based economic opportunities as identified in area-specific plans." The West Side Main Street Plan is such an area-specific plan contemplated by the City Comprehensive Plan. In the materials provided from the West Side Main Street Plan,there is a map which describes certain NODES of development. As mentioned in the Area Plan Commission Staff Report,3527 Lincoln Way West is in the Bendix Node. The Bendix Node is described in the West Side Main Street Plan as an area appropriate for commercial and medical office uses.' The use of this property by WCC is compatible with the West Side Main Street Plan and therefore consistent with the Comprehensive City Plan approved by this Council. Although the property to be rezoned is in the Bendix Node, which allows a more aggressive use, the WCC plans to keep the property homelike and residential in character. Significant dollars will be expended to upgrade this property and contribute to the beautification of the neighborhood. WCC's plan includes new siding, the elimination of 2 industrial looking outbuildings,the addition of new landscaping, ' As mentioned in the introduction,the WCC is more than just a medical clinic in that it provides other needed services. Page 2 of 4 trees, more green space and lots of flowers. This center will not only blend with the residential character of the neighborhood,but it will enhance it. The WCC model embraces home-like centers and will provide an excellent transition from the commercial structures to the east and the neighboring residences to the west. III. ADDRESSING CONCERNS OF REMONSTRATORS Eleven (11) letters or emails were received by the APC. After reviewing the letters (i) none of these letters or emails appear to have been written by neighbors of the Property;and(ii)we believe in large part, Women's Care Center is being mistaken for other political organizations. The major themes of those in opposition to the WCC petition do not address the Legal Criteria the Council is required to review but rather relate to: • WCC overpaid for the Property(actually helps the adjoining property values). • WCC bought the Property to impede reproductive rights and protest the property to the east which is owned by Whole Woman's Health Alliance ("WWH"), an abortion provider. (mistaking WCC for other political organizations). • Taking property off the tax rolls cost the City tax money to its detriment. • Safety. We have responded to these concerns in a letter to each person who communicated his or her opposition to the rezoning. Attached is a copy of a response to a remonstrator, and to the Whole Woman's Health Alliance,the neighboring property owner. Simply put: • WCC may have "overpaid" but it matched the offer of another interested buyer for the property. The other offer came from an individual who aggressively protests abortion providers (which WCC does not). WCC believes the location of the Property is ideal to serve those women who need the services it provides. As mentioned above there is a tremendous need for a west side WCC facility to replace the dated and tiny Chapin Street facility presently in use. This Property has great value to the WCC which others might not value as much - for instance as residential property. WWH and WCC being adjacent to each other serves to ENHANCE choice for women. There is a reason "competitive" businesses locate near each other. Examples include hotels, fast food restaurants, and gas stations, all of which are bunched on Lincoln Way. In addition to being in the middle of the west side,the site is on a bus route with a bus stop very close by on the corner of Lincoln Way and North Illinois. Convenient pedestrian access is available from Elwood which abuts the Property to the North. • WCC is NOT a politically active orp-anization. It has not and will not protest WWH locating its facility on Lincoln Way. WCC has played no role in the licensing issues which face WWH. WCC assumes they will overcome those issues and begin to operate at some time in the near future. However,even if they do not, WCC has every intention of operation at the Property. WCC WILL Page 3 of 4 COMMIT IN WRITING TO THE COUNCIL IT WILL NOT NOR WILL ALLOW ANYONE ELSE TO PROTEST FROM ITS PROPERTY AGAINST WWH.2 • WCC provides choice for women who are pregnant and are considering all options. WCC, in a loving and non judgmental way, provides support to women who wish to have their babies, and then supports them AFTER the baby is born. WCC and other organizations coexist in peace in many locations. In fact, Planned Parenthood in Indianapolis refers women to WCC's nearby Indianapolis facility and WCC has provided services to Planned Parenthood employees. Key to WCC in its counselling services is to do so without judging the woman if she chooses not to have the baby, and those women are welcome to come back in the future if they wish to utilize the benefits WCC offers. • Property Tax Loss vs. Value Provided. The Property paid to the City in 2017 Eight Hundred Fifty-seven and 00/100 Dollars($857.00)in taxes. Yes,the City will lose those tax revenues in the future as a result of WCC's ownership, but the City will gain enhanced benefits beyond the Six Hundred Thirty-three Thousand and 00/100 Dollars($633,000.00) in services already provided to clients in South Bend and St. Joseph County. Tax Exemptions routinely are granted to those organizations who lessen the burdens of government. WCC services well fulfill that criteria. • Safety. At the APC meeting there were safety concerns raised about where protestors would be able to protest and how pedestrians would access the WCC facility from busy Lincoln Way. As mentioned there will be NO PROTESTS PERMITTED on the Property. Also, there is access to the Property from Elwood immediately to the North of Lincoln Way. The bus stop on North Illinois and Lincoln Way is an easy walk down Elwood to the Property completely avoiding Lincoln Way. We probably have spent far too much time in addressing the concerns raised where it is so clear WCC's petition meets the legal criteria for the rezoning. However, it is important to not only correct the record but to affirmatively go on the record in writing to address these concerns and educate the public on what the WCC does and does not do. WCC not only reached out to the neighborhood by mailing letters to the neighbors, but also knocked on doors. As a result of this outreach,only positive support was found to exist in the neighborhood. We have 1,632 local residents who have signed a petition on behalf of WCC, including 28 immediate neighbors and the next-door neighbor to the west. All agree. WCC will be a great neighbor. IV. CONCLUSION The Legal Criteria which guide the Counsel in evaluating this petition are met. WCC will fully cooperate to address safety concerns and will not permit a neighboring business to be protested from the WCC Property. WCC has selected a site which meets not only rezoning criteria but also its own criteria to better serve the women of the west side who make up a third of all women served in St. Joseph County (1,360 women last year alone from zip codes 46619 and 46628). This Property is the only one WCC is considering on the west side to replace Chapin Street. Designated donor contributions have been received for this project,which will have to be returned if this project fails. WCC will not have the resources to look at any other site. PLEASE HELP US HELP THE MOMS AND BABIES OF THE WEST SIDE z Please note the APC Staff Report mentions WCC did not propose any written commitments. After the Report was issued,and the hearing at the APC, WCC has offered this commitment,and will consider any other reasonable commitments the Council may propose. Page 4 of 4 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 Lincoln Public concerns and harmful outcomes resulting in change of zoning for Summary The property at 3257 Lincoln Way West is zoned SF1, -� "SF1"SINGLE for single family. Women's Care Centers INC paid FAMILY AND TWO DISTRICT $130,000 (AV$74,900) for the property late December FAMILY. 3511: 2017. Earliest record of home is 1916, previous "FBI OFFICE ownership transfers were in 2001 and 1980. This house 35Z' DISTRICT did not appear on real estate market listing searches for sale prior, nor were signs placed adverting the property for sale. i 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), Research Brief on 05-18 Tuesday, February 20,2018 1 Mishawaka, Elkhart, and Niles (MI). The location on 3527 Lincoln Way West would r 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 �r Parenthood clinic and a Women's Care Center Planned Parenthood •Bloomington health.., are a little more than a half-mile apart. This 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 ::> a" 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. Research Brief on 05-18 Tuesday, February 20, 2018 2 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 _ E offers the same limited services as Women's Care Centers, operates X I a main office five - I minutes from EMW .f Women's Surgical - Center and a satellite directly adjacent to the OBGYN clinic. In this r{r photo you can see protestors, law . _t enforcement, and clinic Protestors agains 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 Research Brief on 05-18 Tuesday, February 20, 2018 3 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. 8endix mode Sheridan mode Lincoln L'tay Corridor P►an 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). Research Brief on 05-98 Tuesday, February 20, 2018 4 i . l i i An lla Smith If From: Michael Oivita <mdlvita @southbendln.gov> Sent: Thursday,January 11,7018 937 AM To: Angela Smith Cc: Tim Corcoran subject: Recommendation/Application 2859(Women's Care Center) l Angela, a Community Investment offers a favorable recommendation an the request from Women's Care Center to rezone 3527 Lincolnway West from SK to OB for a counseling office. The future land use plan in the West Side Main Streets Plan designates this parcel as the westernmost parcel In the 6endix Node. Thus,a use more Intense than single-family residential would be appropriate,and 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. I t The property line along Elwood Avenue should be confirmed. GIS Indicates the property line is near the existing screening Fence rather than at the more northerly location shown on the site development plan; this could affect the location of the Elwood front yard setback and proposed improvements. } I Please contact me with any questions. ! x cwrlfljN Michael Divita,AICP Planner ' t Department of Community Investment ��s r City of South tend 227 W.Jefferson Blvd.,Suite 1400S South Bend,IN 46601 (574)235-5843 ivlta@southbendln.aoy 's IMPORTANT NOTICEI This E•Mail transmission and any accompanying attachments may contain confidential information Intended only for the use of the individual or entity named above.Any dissemination,distribution,copying or action r taken In reliance on the contents of this E-Mail by anyone other than the intended recipient Is strictly prohibited and Is not intended to,in anyway,waive privilege or confidentiality.if you have received this E-Mail in error please Immediately delete it and notify sender at the above E-Mail address.Please note that Incoming a-malls are not routinely ` s screened for response deadlines,and as such,please notify the sender separately by faxof any message containing deadlines. 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C m N p 4.� , ,d O c 'a to a E ° o0 7 '}°`. O o > IN fo N u O. , ' V l ' 7 al C lu LA 7 O r ::3 a C Q O U v C w w E y o s aj n C) `a N f; a Ti ,_ ry o 0 b iri vi Ln UQ) - ,� n� pwp w iL W O A. 4 ° [L LU W D E to r z 4J r: R m A Oo k Oo ton O u c �e 0 0 R C- :ie 'E iL ej o To c to td rn d, I'X c 03 ° =° 0 m u AO 107, E —al ,0 n m V - 0 W e > UO > ts § > W C) 0 aj 0 0 a S .4 E 4- -p 0 ID c c a3: lu r -M 0 .2 'R ol '5: 2 q 0 P, IS E di W 16 CL 4v u -,U -j co: 0 -10 ru cL Bu V t - z m r to -C� Ci 'ZZ �2 Q. a .2 :L o ej • Ln 00 c; A en tz m 'F i� �6 -o2 0 . �rl 32 N3 'E u > 79 4v o �c 41 0 0 to 0 S u L-q E 5 5 u u LS, .3 (5 t S t F tt 1 I RESOLUTION !!! 1 3657-06 i l Passed by tho Common Council of the CityoF South bend,lndlana 1 November 13, 20 05 . t e a Attest! City Clerk ! F 3 `I Allesf i/ � PresIdentof Common Council i I f Presented by me to the Mayor of the City of South Hend, Indiana i 5 F s November 44, 20 �6 € l E(k E City Clerk E I Approved and sloped by me November I4, 200.&—, s S t F /f t (E � [! I Ff� 6 c ' i 1 t lit I t r . R0ol.U7xoNrl0. (-5 f A RESOLUTION OFT HE COMMON COUNCIL OF THE CITY OI,'SOUTH BE",INDIANA, "pROVING AND ADOPTING QTYPX.",A TWENTY-'YEAIt. i COMPREHENSIVE PLAN FOR THE CITY Or SOUTH BEND. WHEREAS,tine State of Indiana has enacted I.C.96-7°4-5oo to establish standards for developing � comprehensive plans"for the promotion of public health,safety,morals,convenience,order,or the general welfare and for the sake of efficiency and aeon omy in the process of development;"and 1 WHI3I A.S,in 2002,the Compreftensive flan for South Ben dand St.Joseph County was adopted by the Area plan Commission of St.Joseph County and die respective legislative bodies of the City of South Bend and St.Joseph County,andis a broad frameworkfor countywide resources and development patterns and proposes that municipalities within the County develop more detailed comprehensive plans;and { [, WHEREAS,Mayor Stephen J.Luecke appointed community volunteers to form a Civic Alliance to I I oversee an extensive and Inclusive public planning process developed and administered by the Department of Community and Economic Development,Division of Community Development;and WHEREAS,thousands of community members have participated in the planning process since October 2o03 and resulting from this planning process,the City of South Bend has prepared a comprehensive plan, E called City PIan,to guide decision-making on growth and development for tite city of South Bend overthe next twenty years;and S WHEREAS,City Plan contains a 20yearVision with Goals,Objectives,and Policies for ten planning topic areas,and an Implementation Action Plan to aid the City in developing programs and strategies,making capital expenditures,and setting annualbudgets;and i WHERM,the Area Plan Commission of St.Joseph County,Indiana is empowered to approve a comprehensive plan within its area ofjurisdiction by provisions contained in the aforementioned Indiana Code andhas approved City Plat by resolution and provided the Common Council of the City of South Bend with a i f favorable recommendation;and WHERLAS,the Common Council of the City of South Bend,Indiana has the authority to adopt a comprehensive plan if it finds the content and the Goals,Objectives,and Policies of the Plan to be appropriate and in the best interests of the community;and WHEREAS,the City Plant,which is attached hereto and incorporated herein,contains all the elements required by Indiana Code Section 36-7�4-g02,and is appropriate and in the best interest of South Bend and its ; t citizens. NOW,THERBFORE,BE Ir RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH i BI+NO,INDIANA.AS FOLLOWS: SECTION I:That the 20 year comprehensive plan,City Plan,a true and complete copy of which is attached hereto and incorporated herein and which incorporates all non-substantive revisions requested by the City.A,dministration on October ag,zoo6,shallbe and hereby is approved. SECTION TI:That this Resolution shall be in full force and effect from and alter its passage by the Common Council and approval by the Mayor. Ffled In ClerWS 011108 = ember fthec6m, monCoun � { � � � 2�s S 1�k�SETlfEll l3-O�' ub5�� NOV € NOT APPROVE0 JOHNYO01109 t CITY 00K,60.BHRET,iii. i a ADOPTED ���3�Iato �`S I I t s E E t � s E t $0FlAt3 co ty' of South, Bea Common Council I865 N 441 County-City Building, 227W.Jefferson Bind ��(5(5)4) 5-932 73 � South$end,Indiana �1G601••i$30 TDD(574)235-5567 Timothy . Reuss httP,!lwww,ci.soutit-beud.in.us } Y Mr.John W.Byorni,Executive Director I President Area Plan Commission of St.Joseph County 1140 County-City Building November 15,2006 A°laud Kelly West Jefferson Boulevard South Bend,Indiana 46601 j z Karen L,White Chairperson, Committee Re: South Bend Resolution No.3657-06 � s of the Whole City P1mtxComprehensive Elan for the City of South Bend i Dcrek D. Dieter Dear Mr,Byornis First District Charlotte D. Pfeifer It is with great pleasure that I send to you Resolution No. 3657-06 which was Second District unedumous y adopted by the South Bend Common Council on Monday,November 13, s 2006. 1 am also pleased to attaoh the"Final Draft With Addendum A" of the City of j Comprehensive Plan, and the multi page handout which highlights Roland Kelly South Bend,Indiana Third Distract the amendments requested by the City Administration. 'These amendments have been 1 � included in the Final Draft. ! i Ann Pu=ello ` Fourth District Since the version adopted by the Council is different than the version which was r adopted on September 19, 2006 by the Area Plan Commission when it adopted David Varner Fifth District Resolution# 171-06,the Council is required to return these documents to you for the Commission' review and action. The aamendments requested by the City s Ervin Kuspa Administration clarify many items and are belleved to improve the entire Cify Plan. i Sixth District On behalf of the South Bend Common Council,we request the Area Plan Commission At"Buddy' Kirsits to act favorably upon the revised version of City Plan. Upon hearing back from you on. E At large the Commission's action, City Clerk John Voorde, will then be able to carry out his duties pursuant to the governing state law of filing the flan with the County Recorder. Timothy A. Rouse if you need copies of any of the meeting minutes where the amendments were At Large discussed,please to not hesitate to contact Mr.Voorde. Thank you. Karen L. Wltibc At Wge Sincerely., Kathleen Celtauskl Parr oig t'R and 1 Council Attorney Cow 1 ee- resident ' Attachments j cc: The SouthBend Common Council Mayor Stephen J.Luecke John,Voorde,City Clerk ' Department of Community and Economic Development TH p� q+l ti i f ff x i s k 1865 i � l CITY OF S4UTH B>1ND i l l S-rEPH~N J. Lumm, MAYOR OFFICE OF THE MAYOR 4 E, November 13,2006 s E' k E k i South.Bend Common Council I 227 West Jefferson,41"Floor South Bend,IN 46601 ' 1 i I s Re: Bill l#06-107 Substitute Version Approval of City Plan ! 1 Members of the Common Council: ` i I am pleased to submit this resolution to the Common Council to approve and adopt South Bend's comprehensive plan, Cite Plan.The attached resolution is a substitute version which i r differs from the original only in the final"Whereas"and in"Section I",where references to an ] Addendum A have been deleted. 1 S The copy of Citv Plan referenced in the Resolution is the Final Draft incorporating the non- substantive corrections of Addendum A within the body of the text. This final version was submitted to you on October 27,2006. E I remain committed to using City Plan as a guide for maldng decisions regarding the future growth and development in the city and ask that you join me in implementing this flan and i making South Bend one of the most livable cities in the country, ' 3 Sincerely, 3 Stephen J.Luecke Mayor 3 E C:toocuuncias Td9HClt1�K ikcK' lf�6f?tHfA,,?+ � cd jli€�Il�ttl�a�t?R> WA$Pm�t�� l �'�43�r�V4. tin 46601 PxoNE 5741235-9261+ Pex 5741235-9892•TDD 5741235-5567 . i f i 7 1; 3 rl JS i ID LJ 1 i ! ..:T, tu O :t I Ili i 1! I ,I::i i � �, 3 j,-� � .!• 1 ., j. ,�, rl, I ' ' �ij"(�• I (I ' it •j RW U 7 ;C vl `F 00 O .� o v O aoi N v�1 0 °3 �° o ^ j ro o X O ro U aJ E rp .X .n y vNi C N C M 3 u 't: aJ ' L1 Q. N aJ N "° p N hQ .D ru •D G �aJ 3 " '�€' ,v�p° o O °• C� C t� d ° :3'i n. Ic ru u N ru ° ,Ej aJ aJ o c aJ 'L, . 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(c bCn a aD O F ro ' E a " E 7 a I a .0 ro L L m !n \ 4 a • a Q C O a C ra C v U a `1 a s I tr m n v n a o cJ n Ei ° 3 .5 o s a (D A E ` N N 7 -O a A o'O ro as A u + C � a Q � ° I •.. a C M 40 al fu Ln is 3 n n March 7,2018 Dear I read your letter of concern to the Area Planning Commission.l share many of your concerns.Women's Care Center,even after 34 years serving tens of thousands of moms f and babies,is,unfortunately being confused with political organizations that are not us. 2 out of every 3 babies born to residents of the city of South Bend last year had mothers who were helped by Women's Care Center.Because we serve more pregnant women than anyone else in this community,the kind of activity you are worried about (picketing,protesting,evangelizing,sidewalk counseling)would be hugely damaging to our mission.That is why we don't allow this on our premises. 1 Women's Care Center does not engage in politics.We have taken no position on Whole Women's Health and are taking no actions against them.That's not our way.We F exist to provide women who(voluntarily)walk though our doors,with love,hope,tangible support,skills and education and the opportunity to choose life for their babies. Some wonder why we locate our facilities where we do.The primary reason is to be where the need presents itself most clearly.Many of our clients visit our facility as well as others in the same neighborhood that might provide a different choice.If we are there, , there is true choice.We peacefully co-exist,and many times receive referrals from and provide pregnancy services for employees of the neighboring facilities.Over 60%of the s women we see are referrals from prior clients we have served. 5 Regardless of whether or not Whole Woman's Health is able to open its facility,we are committed to this new location.We believe this site is more accessible,visible and better for women living on the west side(which is the largest demographic we serve). 1 f • 3 Some have wondered why we paid a premium for the property.This is because a 3 politically active pro-life organization (not affiliated with us!),that was next door to the former abortion clinic on Ironwood Circle, had already made an offer.We matched their E P i s E d 3 offer. We did this because we believe our quiet unconditionally loving approach is the better way for women of Michiana rather than protesting and sidewalk counseling. We have also offered the council that we will commit in writing to our policy of not allowing political/sidewalk/protesting on our property. I hope this reassures you. r I would like to invite you to visit our center and learn about our mission and services. I think you might be surprised by the depth of our care for women. Please call me s (574-993-4910) or email me at annmanionl3Cfgmail.com to set up a time to visit that is convenient for you. I would be happy to visit with you. Sincerely, - Ann Manion Volunteer President � �u ! Y � ry 3 3 3 l s a a a I 5 3 } 1 March 20,2018 3 Amy Hagstrom Miller,President Whole Woman's Health Alliance 1812 Centre Creek Drive,Suite#205 Austin,Texas 78754 3 Dear Ms.Hagstrom Miller, Women's Care Center has acquired property next door to your proposed clinic in South Bend,IN. We have petitioned the city for rezoning to accommodate our holistic pregnancy and parenting support services; and this issue will soon be decided by the South Bend Common Council. Some supporters of your 1 organization have voiced concerns that our presence will attract increased protesting and picketing around your new site. The purpose of this letter is to reassure you that Women's Care Center does not promote, endorse facilitate or otherwise allow this type of activity on any of our properties. a In our 33 years of experience,from 28 centers in 10 states,(many operating in close proximity to abortion providers)our presence diminishes this type of activity. Our organization does not engage in politics of any kind and we have taken no position on your licensure issue. That's not our way. Our organization exists to offer women the opportunity to choose life,to have healthy pregnancies,and to provide comprehensive,concrete and sustained support long after birth so that women can build self-sufficient families. We bought the property because we believe our quiet unconditionally loving approach provides a better option for women than the protesting and picketing that often surrounds clinics like yours. € it in writing to our policy of not allowing an We have offered the Council that we will comm g p Y g Y � political/sidewalk/protesting activities on our property. i 2 out of every 3 babies born to residents of the city of South Bend last year had mothers who were helped by Women's Care Center. Because we serve so many pregnant women,the kind of activity about which some of your supporters are concerned(picketing,protesting,evangelizing,sidewalk counseling) would be hugely damaging to our delivery of care. I would welcome a conversation with you or your local representative with the aim of coming to a mutual commitment for creating a peaceful environment Please write me or email me at 3 hunsberger8 @yahoo.com. E Sincerely, a Jenny Hunsberger E Vice-President s a c a 3 e 1,04 l -e nthdodi a s {' s. _'�""' �•..,tee L'3'6Z�y.��°l'�'�n t �y-.a,•r i•� f. ll' �-1 : f * ` a Avq in F 1! i tl ° _ Women's - 9 Plan" fled Parenthood. 1 PI d 8 f ff!� • c 5` 3e����`y R{ I� LO /W/-t ..j ui Cb i n //���� y �-• ,. » <��� ,,-,����-ate. Vj A i f- o lt e µ •;`� f } �XSb �v`�r''y'�4�'y-t'J°���t���,`w"�T�� �' Y 'M: L. W Y _ SIT S CD' CO !% Co j 1 � f}fit •a r CD C1! ui [ � E � ► '.� t ����wwwweeee::::.... � v _ fF E k 2 L� L t F a Cn CL k4 77 co 00 LO Ctrl 1 r s s W k ,t xF�hF p .t t r t. 4Ir CL ( •} ' 7t O J;IA 5 .i i wS !v f { �r • 2 ���; :h �, i 1.- U fv'� r, A+F�y c I�� �, -�ry N•.. �„" � W Q 7. a-OOH N - m `` � _ -� 3 • - a. 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