HomeMy WebLinkAbout03-14-11 Council Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL
MONDAY, MARCH 14, 2011 7 : 00 P.M.
1 . INVOCATION
2 . PLEDGE TO THE FLAG
3 . ROLL CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5 . SPECIAL BUSINESS
6., REPORTS OF CITY OFFICES
A. CATHERINE TOPPEL - DIRECTOR, CODE ENFORCEMENT
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
03-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI
ST. , SOUTH BEND, INDIANA, COUNCILMANIC
DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND,
INDIANA
06-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $1, 500, 000 . 00 FROM STATE GRANT
FUND (#210) AS THE OPERATING ENDOWMENT FOR
THE RAY AND JOAN KROC CENTER
'07-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF $2, 000, 000 FROM
MAJOR MOVES FUND (4412) AND THE SUM OF
$400, 000 FROM SEWAGE WORKS CAPITAL FUND
(#642) , FOR TOTAL APPROPRIATION OF
$2, 400, 000 FOR THE PURPOSE OF INFRASTRUCTURE
CONSTRUCTION AT THE TRIANGLE PROPERTY
PROJECT SITE
86-10 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 14 . 5, ARTICLES 1 AND 2;
ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING AFFIRMATIVE ACTION
PROCEDURES
8 . BILLS, THIRD READING TIME:
BILL NO.
03-11 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI
ST. , SOUTH BEND, INDIANA, COUNCILMANIC
DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND,
INDIANA
06-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $1, 500, 000 . 00 FROM STATE GRANT
FUND (#210) AS THE OPERATING ENDOWMENT FOR
THE RAY AND JOAN KROC CENTER -
07-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF $2, 000, 000 FROM
MAJOR MOVES FUND (#412) AND THE SUM OF
$400, 000 FROM SEWAGE WORKS CAPITAL FUND
(#642) , FOR TOTAL APPROPRIATION OF
$2, 400, 000 'FOR THE PURPOSE OF INFRASTRUCTURE
CONSTRUCTION AT THE TRIANGLE PROPERTY
PROJECT SITE
86-10 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 14 . 5, ARTICLES 1 AND 2 ;
ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING AFFIRMATIVE ACTION
PROCEDURES
9 . RESOLUTIONS
BILL NO.
11-18 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 5102 DYLAN DRIVE
TO BE AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR GLOBAL PARTS
NETWORK, LLC
11-16 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, ESTABLISHING
POLICIES AND FORMS OF RESOLUTIONS TO BE USED
IN CONNECTION WITH THE CONSIDERATION OF THE
GRANTING OF A PROPERTY TAX EXEMPTION
PURSUANT TO INDIANA CODE 6-1 . 1-10-44 FOR
QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY
EQUIPMENT
10 . BILLS, FIRST READING
BILL NO.
08-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $219, 942 FROM THE GENERAL FUND
(4101) IN 2011 FOR THE OFFICE OF ENERGY
09-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND TO
TRANSFER A PORTION OF FREDRICKSON PARK FROM
THE BOARD OF PARK COMMISSIONERS TO THE STATE
OF INDIANA
10-11 FIRST READING ON A BILL AMENDING AND
SUPPLEMENTING CHAPTER 21 : ZONING ORDINANCE
OF THE CITY OF SOUTH BEND MUNICIPAL CODE, AS
AMENDED, AMENDING ARTICLE 6, OVERLAY AND
SPECIAL USE DISTRICTS BY ADDING A NEW
SECTION 21-06 . 03, "NNDA" NORTHEAST
NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING
DISTRICT; AND AMENDING THE ZONING MAP OF THE
CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY
DISTRICT TO AN AREA GENERALLY KNOWN AS
NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
(NNDA)
11 . UNFINISHED BUSINESS
A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS
1 . BILL NO. 11-19 - SPECIAL EXCEPTION - 501 W.
SOUTH ST.
2 . BILL NO. 11-20 - SPECIAL EXCEPTION - 2222 W.
WASHINGTON ST.
3 . BILL NO. 11-21 _ SPECIAL EXCEPTION - 909 W.
COLFAX
4 . BILL NO. 11--22 - SPECIAL EXCEPTION - 3300
SAMPLE ST.
12 . NEW BUSINESS
13 . PRIVILEGE OF THE FLOOR
14 . ADJOURNMENT
TIME:
NOTICE FOR]HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 5032 MIAMI ST., COUNCILMANIC DISTRICT FIVE (5) IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The property located at 5032 Miami St., South Bend, is currently zoned Single
Family Residential and is a rental house with multiple tenants. We propose
rezoning the parcel to Office District for the new construction of a 6000 SF single
tenant office building for the new home of Indiana Farm Bureau Insurance, St.
Joseph County.
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:
Lot 9 Miami-Jackson Roads Minor Sub
be and the same is hereby established as Office District.
SECTION 11. This ordinance shall be in full force and effect from and after
its passage by the Common Council, approval by the Mayor, and legal
publication.
Member of the Common Co it
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock M.
City Clerk
Approved and signed by me on the day of
2 , at o'clock M. }
Mayor, City of South Bend, Indiana
ER :]
OT APPROyo FFERRFi3
PASSEL?
Date Filed 1/5/2011 Application No.
Date received by the Area Plan Commission
I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to
amend the zoning ordinance as herein requested.
1)The property sought to be rezoned is located at:
5032 MIAMI ST, SOUTH BEND(NORTHEAST CORNER OF JACKSON&MIAMI)
2)Name and address of property owner(s)of the petition site:
KLOPFENSTEIN CECIL W&NANCY C
P0 BOX 707
North Liberty IN 46554
3)Name and address of contingent purchaser(s), if applicable:
ABIGAIL B RENIE
2310 WOLF POINT DR
ROCHESTER,IN 46975
574-835-1143
4)It is desired and requested that this property be rezoned
from SINGLE FAMILY RESIDENTIAL
to OFFICE
5)This rezoning is requested to allow the following use(s):
NEW CONSTRUCTION OF A 6000 SF OFFICE BUILDING TO HOUSE THE ST. JOSEPH COUNTY
OFFICES OF INDIANA FARM BUREAU INSURANCE
6)Attached is a copy of(a)legal description of the property; (b) seventeen(I 7)preliminary site plans; (c)
a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key
numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes
for all property owners within. 300 feet of the petition property(f) a location map, if available, drawn to
scale,which includes street names,printed in 8%"x 11"format.
Signature(s)of All Property owner(s)
or Att2mey for all ro erty Owner k)
PETITION PREPARED BY: CONTACT PERSON: (If different)
ABIGAIL B RENIE
2310 WOLF POINT DR
ROCHESTER, IN 46975
574-835-1 143
abby.renie@comcast.net
0110512011 07:43 FAX 5742461005 Pendl Team 001/001
0AW UT/ cu!i 1 1 uc. Up;DJ rX Lakeshore Neal tors PAY go, 5742234646
P, OOI/ODl
ate Filed_1/5/2011 Application No_
etc reocived by the Plan Commission
(WO) the undersi make aMhcahan to the Cormnou Council Of the Katy of South Bend, Indiana t0
jamend the zoning or ce a8 herein zoqaestal
11)The XMIMV sou to be rezoned is located at:
5032 MLkW T, SOUTH BEND(NORTEIST CORMM OF JACKSON&MIAMI)
Name and address f property aw er(a)of the petition site:
KLOPFENSTEIN ,n W &NANCY C
P O BOX 707
North Iibercy IN 465
3)Name and address f r,,Ontingent.purchaser(s).ifepplicable:
ABIGAIL B
2310 WOL P Il�1T DP.
ROCHESTEp,IN 46975
574-835-1143
4)It is desired and tad that this property be rezoned
from SINGL FAhMY'RESIDENTIAL
to OFFICE
15)This=Ouing is re steel to a11ow the following use(s):
NEW CONS UCTION OF A 5000 SF OPPICB$U7I.DM TO HOUSE THE ST_ JOSEPH COUNTY
OFFICES OF INDIAN FFARM EUREAU INSURANCE.
6)Ana ch«i is a copy Pf(a)legal description of the property;(b)seventeen(17)prplirinmy site leas• c
a statement ofpurpose and intent; (d)a Hot of names addresses of 411m+Pefty'owx�and the taxilaey
numbers for all propaites within 300 feet of the Peen pmpeY;and(a) addressed, stamped envelopes
Ifor III properlp Ow within 300 feet of the petition property (f) a location map. if available, drawn to
scale,which includes t aams,printed in 8 iii"x l l"format.
I Sig e(s)of All PropMy owner(s)
for
t•
PETI'I'I4N PREPA BY; CONTACT IPERS N: &ffc=t)
ABIGAIL B RENIE
2310'QVOLP POINT R .,
ROCHESTER,IN 4 75 f�
574-835-1 143
abb ,rani
Filed In Cf01V9
JA N - 5 2011
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PreUminary Site Plan- 5032 Miami St South Bend
❖ 1.15 acre parcel on the NorthEast corner of Miami and Jackson, South Bend
•;° Proposed Future Home of Indiana Farm Bureau .Insurance, South Bend
`�• 25 Parking Spaces (21 required by zoning)
Land to Building Ratios:
• Building: 12.70%
• Paved Areas: 22.3%
• Open Green Space: 65%
Landscaping per all applicable local ordinances that enhances the natural
surroundings of the parcel and exemplifies the professional, upstanding image
of this local, traditional company
❖ Approximately 5950 SF brick & stone professional office building with +/- 20'
building ridge height
1865-
CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR
.DEPARTMENT OF ADMTNISTRATION & RNANcE
GREGG D.ZIENTARA
CONTROLLER
February 23, 2011 �a LLK3 -
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
re: Appropriation of Common Council for State of Indiana Grant Monies for the Construction of the
Kroc Center in the City of South Bend
Dear President Dieter:
On June 28, 2010,,the Common Council adopted Ordinance 10016-10, appropriating$2,000,000 in State
of Indiana Grant pass through funds for the operating endowment for the Ray and Joan Kroc Center to be
constructed at Western and Chapin Streets in the City of South Bend.
The State of Indiana grant funds were defined to be awarded for the project in four(4) payment tranches
of$500,000, the first in July of 2010, with the remaining three (3) in fiscal 2011.
This bill, will appropriate, the remaining $1,500,000, of the State of Indiana Grant funds to the Kroc
Center project, for receipt from the State of Indiana, and pass through to the Salvation Army, during fiscal
2011.
Funds will be received from the State of Indiana, and upon receipt will be disbursed to the Salvation
Army, in accordance with the stipulations of the State of Indiana Grant.
Funds will be received in Fund 210, State Grant, and will be disbursed from the same fund. Payment
tranches from the State of Indiana will be in increments of$500,000, receipted by the City of South Bend
and disbursed to the Salvation Army in $500,000 tranches,following receipt of funds.
This bill is presented to Council for first read at the February 28 meeting, committee meeting, 2w read, 3"d
read and Council vote on March 14, 2011.
Controller Zientara will present this bill to Council at the committee meeting and at the Council session.
Regard , W- JOINN ck's 0641,
Gregg i ara 3 Nil
I
cc: Stephen J. Luecke, Mayor of the City of South Bend QORpE
Jeff Gibn ey CrYCLERK,SOUTH BEND,IN
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $1,500,000.00 FROM STATE GRANT FUND(#210) AS THE
OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER
STATEMENT OF PURPOSE AND INTENT
On June 28, 2010, the Common Council adopted Ordinance 10016-10, appropriating
$2,000,000 in State of Indiana Grant pass through funds for the operating endowment for the Ray and
Joan Kroc Center to be constructed at Western and Chapin Streets in the City of South Bend. The
State of Indiana grant funds were defined to be awarded for the project in four(4)payment tranches of
$500,000, the first in July of 2010, with the remaining three(3) in fiscal 2011.
This Ordinance, will appropriate, the remaining $1,500,000, of the State of Indiana Grant funds
to the Kroc Center project, for receipt from the State of Indiana, and pass through to the Salvation
Army, during fiscal 2011.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. The sum of $1,500,000.00 is hereby appropriated from State Grant Fund (Fund
#210) for the operating endowment at the Ray and Joan Kroc Center to be constructed at Western and
Chapin Streets in South Bend.
Section 11. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
OL,(4-L ko N14 I
Member of the Common Cou cii
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of , 2 , at o'clock m.
City Clerk
Approved and signed by me on the - day of , 2_ , at o'clock
m.
Mayor, City of South Bend
4 Iled In Clarke V y 31^fin M.
JOHN
CITY VC��i���
PASSED
'
'
MACE
ClTY0F SOUTH BEND STEPHEN J. LuECKE,MAYOR
DEPARTMENT OF ADMINISTRATION & FINANCE
GREGG]m.Z3ENTARA
CONTROLLER Filed
LRY
March 9, 2011
yNc Derek Dieter
President, South Bend Common Council
4~'Fioor, County-City Building
CIT
South Bend, /N450O1 CITYCLEPK,SOUTH BE-NO,IN
re: 16/Substitute Bill 07-11 Appropriation of the Common Council for the Cost of Public Infrastructure
Construction in the Triangle Property Project Site
Dear President Dieter:
Bill 07-11, in tomhginw| wono ion. was sub nndtad to Coun i|for cons k1mnabunnnFebruery20 2D11 vNth1m
readat the Counui| maeUngonFebruary38' 2»mremd. 3d rmedand (�ouncUvobnnnM8orch1' 201
' ..
City Administration herewith files m 1stSubatituha to Bill 07-11' amending certain language omitted from
the original filing.
The omitted language is contained in Section U/ of the Substitute BU[ whereby"The monies appropriated
within this ordinance from Major Moves Fund (#412) will be repaid from T|F Northeast Residential Fund
(#436) to the Major Moves Fund (#412) beginning in fiscal 2012. with a principal and inhonaot payment
commencing August 15. 3014 and ending February 15' 2029. Interest will accrue from the dob* of
appropriation".
This /anguage, added to the biV, will ensure that the desired infrastructure improvements are paid for by
T/Ffinanoing and to secure repayment from the T/F district to the Major Moves fund.
This language is consistent with the original Council appropriation from January 28, 2008.
On January 28, 2008. Council adopted Ordinance No. 9824-08. appropriating monies tnprovide funding
for mo�aininfrastructure improvarnmn1wne|ohnQto the conmtrucUnnofom�od use devo1
development commonly
known as Eddy Street commons and Triangle Development,
� -
Further background is provided with the following language from the original bill cover letter
correspondence of February 23. 2D11.
'The Triangle Development project iwo construction project defined aa 55-60 residential properties,
70%
at market rate pricing and 306 affordable pricing. The appropriated funds will be used to pay for the
public infrastructure improvements including noadm, curba, nidevm|ko' street lamps, sewer |(nmo' etc pg/dhmepprovmdarchitectural and project design.
The original appropriation of $5.3 million was segmented to include $4.1 million related toEddy Street$1.2 million to Triangle Development. Monies appropriated for the Triangle Development
County-City Building 227 West Jefferson Boulevard 3outb Bend,Indiana 4660} 1830
9bou*� 574/235'9216 Fax: 574/235-9928 TDD: / y`&[~ |
were never expended, due to project delays resulting from property acquisition delays. The City let the
appropriation expire at the end 2009.
Now, the City of South Bend desires to recommence the Triangle Development project at this time.
Therefore, request is made to appropriate $2.4 million, $2.0 million in Major Moves Fund 412 and $0.4
million in Sewer Capital Fund 642.
This bill is presented to Council for first read at the February 28 meeting, committee meeting, 2nd read, 3rd
read and Council vote on March 14, 2011.
Mayor Luecke and Public Works Director Gilot will present this bill to Council at the committee meeting
and at the Council session."
Rega
Gregg, ntara
cc: Stephen J. Luecke, Mayor of the City of South Bend
Gary Gilot
Substitute Bill 07-11
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUCNIL OF THE CITE'OF SOUTH BEND,
INDIANA, APPROPRIATING THE SUM OF$2,000,000. FROM MAJOR MOVES
FUND (#412) AND THE SUM OF$400,000. FROM SEWAGE WORKS CAPITAL
FUND (#642), FOR TOTAL APPROPRIATION OF $2,400,000., FOR THE PURPOSE
OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY
PROJECT SITE
STATEMENT OF PURPOSE AND INTENT
On January 28, 2008, the Common Council adopted Ordinance No. 9824-08,
appropriating monies to provide funding for certain infrastructure improvements relating to the
construction of a mixed use development commonly known as Eddy Street Commons and
Triangle Development. The Triangle Development project is a construction project defined as
55-60 residential properties, 70% at market rate pricing and 30% affordable pricing.
Monies appropriated for the Triangle Development under Ordinance 9824-08 were never
expended, due to project delays resulting from property acquisition delays. The City let the
appropriation expire at the end of 2009. The City of South Bend now desires to recommence the
Triangle Development.
The appropriated funds will be used to pay for the public infrastructure improvements
including roads, curbs, sidewalks, street lamps, sewer lines, and similar items, per the approved
architectural and project design.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section 1. The sum of Two Million Dollars ($2,000,000) is hereby appropriated and set
aside within Major Moves Fund (#412) for infrastructure construction at the Triangle Property
Project site.
Section 11. The sure of Four Hundred Thousand Dollars ($400,000) is hereby
appropriated and set aside within Sewage Works Capital Fund. (#642) for infrastructure
construction at the Triangle Property Project site.
Section I11, The monies appropriated within this ordinance from Major Moves Fund
(#412) will be repaid from TIF Northeast Residential Fund (#436) to the Major Moves Fund
(#412) beginning in fiscal 2012, with a principal and interest payment of $82,137, every six
months commencing August 15, 2014 and ending February 15, 2029, Interest will accrue from
date of appropriation.
Section IV. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Member of the Comm an Co ncil
Attest:
City Clerk `�p°},�"qp�
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of , Z , at o'clock In.
City Clerk
Approved and signed by me on the day of ,2 , at o'clock
m.
Mayor, City of South Bend
NYC: SIN a, RDE !
i:�'F�IED K,$�3(1TF1® 6NC,ENE
PASSM
r s J
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING
CHAPTER 14.5,ARTICLES 1 AND 2;ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING AFFIRMATIVE ACTION PROCEDURES
STATEMEN TO PURPOSE AND INTENT
In 1987 the South Bend Common Council passed Ordinance No.7811-87, which created
Chapter 14.5, and it's various sections. Ordinance 7811-87 was developed in consultation with
the Minority Affairs Council and with the City's Legal Department and the Common Council
attorney. It required equal employment opportunity and equal contracting opportunity for all
persons without regard to race or sex. It was deternuned that when minority and women
representation is not in proportion in the applicable work force or business category, certain
goals are required to be established by City departments, boards, or commissions, and steps must
be taken toward meeting those goals.
In the 23 years that have lapsed since Ordinance 7811-87 was initiated the goats and
purposes stated in the original supporting documents have been adhered to. The amendments
attached are to added to provide a greater degree of checks and balances and to better provide
remedial procedures when goals are not feasible.
REVISIONS
(Ord.No. 7811-87, § 1)
Revision to:
Recommended that the term Affirmative Action through of the bill be replaced with modern day
terminology such as Diversity Utilization Plan.
ARTICLE L GENERAL PROVISIONS
Recommended Revision to the following item to:
(added'Con-710anc e Polic1)
(b) The South Bend common Council declares that the following affirmative action Cornpflajic,c-
Policy procedures are established for the purpose of facilitating equal opportunity, prohibiting
discrimination against minorities and women, and remedying instances of underrepresentation of
minorities and women in certain aspects of City employment and contracting.
(c) Private corporations, firms, or persons receiving tax abatement or tax credit development
incentives from the City shall award their construction and purchase contracts consistent with the
objectives set forth in this section.
(d) The City of South Bend procurement process will include language in all solicitations, using
local taxes systems or mixed financing requiring municipal bonds as a funding mechanisms, that
ensures local contractors are awarded the vast major of the City's local construction contracts.
To qualify for this preference Small Local Business Enterprises must have an Approved
Affirmative Action Plan. SLBE must commit to Project Labor Agreements that commit to local
labor utilization and living wage agreements.
(e) All of the City's construction projects Request for Proposal for professional, Architect &
Engineering, Construction Management or General Contractors, services will be required to
include language in the City's solicitation that requires the above contractors to demonstrate the
effectiveness of their Affirmative Action or Diversity Plan. The City recognizes that
professional service contract providers are often the most important part of a successful
Affirmative Action Program.
(f) The City of South Bend understands that programs that promote the utilization of local
business and local labor ensure reciprocal economic growth within the local region. This activity
creates local jobs, expands (income, property and corporate)tax revenues.
Sec. 14.5-2. Definitions.
Recommended Revision to the,following item to:
(1) "Disadvantaged Business Enterprises, " (hereinafter referred to as "DBE")means a small
business concern and "Women/Minority Business Enterprise"(hereinafter referred to as
44 7'p,6BE":
(a) Which is at least fifty-one percent (51%) owned by one or more socially and
economically disadvantaged individuals, or, in the case of any publicly owned business,
at least fifty-one percent (51%) of the stock of which is owned by one or more socially
and economically disadvantaged individuals; and
(b) Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it.
C Business enterprises with at least fifty-one percent (51%) owned by one or more
minority or one or more women, in the case of any publicly owned business at least fifty-
one percent (51%)of the stock of which is owned by minority or women.
(m) "Small business concern" means a small business as defined pursuant to Section 3 of the
Small Business Act and relevant regulations promulgated pursuant thereto except that a small
business concern shall not include any concern or group of concerns controlled by the same
socially and economically disadvantaged individual or individuals which has annual average
gross receipts in excess of$4 million over the previous three fiscal years.
(n) "Socially and economically disadvantaged individuals" (hereinafter referred to as
"disadvantaged individuals") means those individuals who are citizens of the United States or
lawfully admitted permanent residents, and who are women, Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans or Asian-Indian Americans and any
other minorities or individuals found to be disadvantaged by the Small Business Administration
pursuant to Section 3 and Section 8(a) of the Small Business Act.
(o) "Small local business enterprise" or"SLBE"means a business enterprise having its principal
office in South Bend-Mishawaka Area or located within a 35 mile radius of the City. SLBE will
be granted bidding preference on all constructions contracts as long as they are consider by the
City to be in full compliance of the City's Affirmative Action Articles as they apply to W/MBE
Contracting and minority and women employment guidelines. SLBB must be register in the City
as a formal business entity and meet the following standards:
(a) Local Business with annual revenues of$15 million or less.
(b) Less than 100 employees
(c) Local Contracting License
(Ord.No. 7811-87, § 1)
Revision to:
ARTICLE 2. AFFIRMATIVE ACTION IN EMPLOYMENT
(Revised to include Section 3 Language)
See. 14.5-5. HUD "SECTION 3 REQUIREMENTS5' (24 C.F.R. Part 135)IN THE
PROVISION OF TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITIES:
Borrowers receiving more than $200,000 of federal funds for a project and any contractor or
subcontractor with a contract on such a project in excess of$100,004 are subject to the Section 3
requirements outlined in 24 C.F.R. Part 135. All Section 3 covered contracts shall include the
following clause (referred to as the"Section 3 Clause"):
(1). The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
(2). The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135,
which implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
(3). The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding,if any, a
notice advising the labor organization or workers representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s)taking applications for each of the positions;
and the anticipated date the work shall begin.
(4). The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 C.F.R. part 135.
(5). The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 C.F.R. part 135.
(6). Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
Revision to: (Ord.No. 7811-87, § 1)
ARTICLE 4. AITIRMATM ACTION CO16+I1PLIANCE 1pOL1CV AND PROCEDURES
Sec. 14.5-4. Application of this article. This article shall apply to all City departments,agencies, boards
and commissions.
Sec. 14.5-5—. Conformity with.Applicable Federal and State Laws of the Code of the City of
South `Bead.
The provisions of this Article shall be construed according to and in conformity with Acts of
Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of
contracts in accordance with United States Department of Transportation, 49 CFR Part 23, 24
CFR. part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11625,
October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting
opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business
Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article come
into conflict with either federal or state law or Code of the City of South `Bend, the federal or
state law or City Code shall prevail.
Sec. 14.5-6. Diversity Compliance Officer
The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting
Firm. The DCO's duties will include the following: monitor contractors awarded contracts with
the City for construction services for compliance with all applicable Federal, State and Local
laws, statues, and codes regarding minority, women and Section 3 employment requirements and
women and minority business enterprise contracting and subcontracting levels during the
contractual term. The Compliance Official shall also prepare a list of all minority business
enterprises in the Standard Metropolitan Statistical Area, compliance guidelines for contractors
with the City for construction services, with said guidelines to include monitoring and reporting
procedures, and recommendation for actions to be taken should non-compliance occur and
procedural guidelines for City allocation of contracts to minority business enterprises as provided
by this ordinance. Said guidelines shall be subject to the approval of City Council. The
Compliance Official or designated Consulting Firm shall also perform such other duties relating
to the provisions of this.Article as may be directed by the Mayor.
Sec. 14.5-7. Establishment of Goals.
(1) To achieve parity there is hereby established a goal of 18% (15% minority and 3% women)
of the City's annual monetary value of contracts and subcontracts for supplies, services and
construction to be awarded to minority business enterprises meeting contract specifications.
Calculation of the 18% monetary value shall not include the amounts for contracts for which no
minority business enterprise bid or contracts where no W/MBE meets the specifications.
(2) The goals for minority group employment levels and minority enterprise subcontract levels to
be achieved by contractors with the City for construction are hereby set at 18%.
(3) On an annual basis the City Council shall review the levels of minority business enterprise
participation for the City's contracting, subcontracting and work force participation, and shall in
addition annually review minority population totals and percentages for the St. Joseph County
area. After said reviews, the City Council may adjust the percent goals for contracts,
subcontracts and work force participation to reflect a more representative share of the minority
population or available market of minority business enterprises.
(4)In determining the MBE/WBE participation on a contract,the following facts will be taken
into consideration:
(a) On contracts where the estimated material portion of the contract exceeds thirty
percent (60%) of the project cost and the materials in question are not available to be
furnished through City certified MBE/WBE firms, the Diversity Compliance Officer or
his designee is authorized to effect reductions in the goals for the project to reflect the
unavailability of the materials. It is intended that this provision will only be utilized for
projects involving major equipment items such as pipe, equipment, fabrications, etc.
(b) The costs of materials which will be used in determining the MBE/WBE participation
at the time of bid shall be those estimates as compiled by the City of South `Bend. The
City's adjusted goal will be the official goal on any particular project subject only to other
provisions of this ordinance.
(5)In all instances, any MBE/WBE company performing under a contract with the City of South
`Bend may only claim, as part of his/her MBE/WBE participation, those materials which the
company purchases and actually fully installs as part of their responsibility under the contract, if
such work is listed as one of the areas of expertise under which the company is certified or
recognized to perform.
(6) If a certified or recognized material supplier exists, that portion of the contract filled by the
supplier will count directly against the 15% MBE & 3% WBE goals and will not be adjusted
according to the Project Labor Agreement. The percent of the total contract price which is
performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen
percent (15%) in the case of minority business enterprises and six percent (3%) in the case of
woman-owned business enterprises. Any remaining MBE/WBE percentage which the material
supplier has failed to satisfy shall then be adjusted according to Project Labor Agreement. The
prime contractor shall then have to make a good faith effort to provide subcontracts to minority
or woman-owned companies, as the case may be, to fulfill the City's goals.
See. 14.5-8. Award of Contracts to WNME Enterprises.
(1)If, during any fiscal year, bids are being sought by the City for a contract to provide supplies,
services or construction and the City has not achieved the goal established in accordance with
Section of this Chapter, the contract shall be awarded to the lowest bidding minority
business enterprise meeting contract specifications unless it appears that the minority business
enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the
best interest of the City nor the lowest and best bid. All other factors being equal, preference
shall be given to minority business enterprises located in St. Joseph County. For the purpose of
this subsection, an "unreasonable price" is a price above competitive levels which cannot be
attributed to the minority business enterprise's attempt to cover costs inflated by the present
effect of disadvantage or discrimination.
(2) For the purpose of this subsection, determination of the "lowest and best bid" shall include an
evaluation of such factors as the nature of the supplies or services sought, prices of similar
products in the relevant market area, minority employment levels achieved by the prospective
contracting entities, location of business offices, general conditions in the market area, minority
participation in the marketplace and such other factors as may be deemed relevant.
Sec.14.5-9 Time Requirements and Procedure for Noncompliance
(1) Whenever the Diversity Compliance Officer determines a contractor to be in violation of a
provision of this chapter, he shall issue a written finding setting forth such determination and the
basis of his decision, together with notice to the contractor of the right to object to the finding.
Such written finding shall be served upon the contractor by certified mail at such contractor's last
known address. Any contractor taking exception to a finding of the Diversity Compliance Officer
first shall attempt to reconcile the situation with the Diversity Compliance Officer. A good faith
attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written
objection with the City Manager.
(2) If, after attempting to reconcile the violation by informal means, the situation is not
alleviated, a contractor may file a written objection with the City Manager within fifteen days of
the receipt by the contractor of the Diversity Compliance Officer's written finding. Thereupon,
the Diversity Compliance Officer shall, within seven days, forward to the City Manager all
materials relating to the determination which is appealed, together with recommendations of
appropriate remedial action to be taken. The contractor may file a request for a hearing before
the City Manager when filing the written objection.
(3)If the Diversity Compliance Officer finds a contractor to be in violation of this chapter and no
reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor
of the written finding, the Diversity Compliance Officer shall forthwith forward his finding to
the City Manager along with any recommendation of appropriate remedial action to be taken.
(4) Under the direction of and upon authorization from the City Manager, the Diversity
Compliance Officer shall determine when a violation of this section exists and when the attempts
at reconciliation taken by the contractor will not reasonably alleviate the situation.
(5) If the contractor objects to the decision of the City Manager or Consulting Firm, the
contractor must next pursue the appeal process set forth in 49 CFR 23.55.
Sec14.5-10. THIRD PART'' COMTLAINTS
Any person or organization with information indicating unjust participation by an enterprise or
individuals under this program, or who believes that the DBE and W/MBE participation is being
improperly applied, should file a written complaint with the City Manager which shall contain a
detailed statement in writing of the basis of the complaint.(Ord.No. 7811-87, § 11) ..
� � �4r4'•4'r' f F
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
—day of 2 at o'clock . M.
City Clerk
Approved and signed by me on the day of
2 at o'clock M.
Mayor, City of South Bend, Indiana
......................
ls€ READING
PURL C FU',,NNG
3 rd READNG
NOT APPROVED
CITY Cu,x'SO,W`!, 14
PLEFERRED
PASSEO
4,.
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
5102 DYLAN DRIVE
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
GLOBAL PARTS NETWORK, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
5102 Dylan Drive, South Bend, Indiana, and which is more particularly described as
follows:
Lot 1 of Portage Prairie Minor subdivision#1
and which has Key Number 025-1009-014603, as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION 11. The Common Council hereby determines that the property owner is
qualified for and is granted Personal property tax deduction for a period of(5) five years,
and further determines that the petition complies with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et gg-q.
SECTION 1II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common Council
CCU
�we,il.Aa
Filed In CIerk',9 Once
MAR - 9 2011
JONNYOORDE
CITY'CL RK„,SO=DEN IM
1200 COuNTY CITY 13UJLDING
PHONE 574/235-9371
227 W.JEFFERSON$o1�I
WARD P CMV FAX 574/235-9021
SouTx BEND,TNr)wu 4660I-1830 \
1865
CITY of SouTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & EcONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
ExFcU'IVE DiRECITOR
March 9, 2011
Derek Dieter, President 5 � A�
South Bend Common Council
435 County-City Building
South Bend, Indiana 46601
RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA , ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE
USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A
PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1.1-10-44 FOR
QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
Dear President Dieter:
Attached for filing please find the above-referenced resolution which has been amended,
and will be considered by the Common Council at its March 14, 2011 meeting. The amendments
were only to the attachments to the resolution. The form of declaratory resolution was amended
to remove the reference to the number of jobs to be added by the project, since this is not
required by statute. The form of declaratory resolution was further amended to provide for
replacement property to receive the exemption. Exhibit A to the form of declaratory resolution
was amended to provide for replacement property to be eligible for the exemption. Don Inks will
be presenting the resolution.
Your favorable consideration is requested. Please do not hesitate to contact me if you
need additional information.
Sin ly, (7L
D nald E, nks
Director, Economic Development
COMMUNITYDEVELOPMENT ECONOMIC Dh"VEI,QPMENT RKANCIAL&PROGRAM
PAMELA C.MEYRR DONAL>E.INKS MANAGEMENT
574/235-9660 5741235-9371 ELIZA)MMi LEONAaD
FAX: 5741235-9469 574/235-9373
RESOLUTION NO.
A RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS
TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE
GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT
TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE
INFORMATION TECHNOLOGY EQUIPMENT
WHEREAS, with the enactment of Indiana Code 6-1.1-10-44 (the "Act"), the
General Assembly recognized that the State of Indiana (the "State") and its local governmental
units were at a competitive disadvantage with surrounding states in attempting to attract
companies that have as their primary business the provision of computing, networking, or data
storage services because in surrounding states the enterprise information technology equipment
necessary to provide such services are not subject to property taxation unlike in Indiana, where,
absent the application of the Act, such enterprise information technology equipment would be
subject to property taxation; and
WHEREAS, the Act was enacted to law in 2009 for the purpose of permitting
companies that would propose to locate facilities dedicated to computing, networking, or data
storage activities in Indiana to request and, upon approval of the appropriate legislative body,
receive a property tax exemption for the enterprise information technology equipment necessary to
provide such services; and
WHEREAS, the Common Council ("Common Council") of the City of South
Bend, Indiana(the "City"), recognizes the unique location and technological advances available in
the City to companies looking to locate computing, networking, or data storage facilities in the
City which meet the statutory thresholds of business investment in the aggregate of at least
$10,000,000 in real and personal property and agree to the average wage of the business of at least
125% of the county average wage for St. Joseph County; and
WHEREAS, the Common Council desires to set forth its policy that it seeks to
encourage the development of computing,networking and data storage service facilities within the
City; and
WHEREAS, the Common Council desires to set forth the process the Common
Council will undertake when asked by a company for a tax exemption under the Act for its
enterprise information technology equipment in order to evidence its intent to attract these types of
businesses to the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
BMW 6547671x2
SECTION 1. The Common Council approves of the basic form of declaratory
resolution and basic form of Letter Agreement attached hereto as Exhibit A and the basic form of
confirmatory resolution attached hereto as Exhibit B which are incorporated herein by refercnce.
In order to set forth a process for the consideration of a tax exemption requested by a company that
would constitute an "Eligible Business" as defined by the Act for enterprise information
technology equipment that would constitute "Qualified Property" as defined by the Act, the
Council agrees that is appropriate to utilize the basic forms of resolutions and the agreement in
order to request the approval of the Common Council for such an exemption under the Act.
SECTION 11. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common Council
Filed In Cbprk's Office
�Bdi fi'P.�i�a'k°YS"§�`d4 3rlY }i?.+r n4'+`%ata:Mid
1CT. ! rLC) t� Y E P 3
UaFT a. JOHN VM00' DE
BDDBOI 65476710 - Z - CfTy CLERK,SOUTH SEND,IN
EXHIBIT A
Form of Declaratory Resolution and Letter Agreement
See attached
BDDBOI 6547671 v2 - 3 -
RESOLUTION NO.
DECLARATORY RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
AUTHORIZING A PROPERTY TAX EXEMPTION FOR
CER'T'AIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
PURSUANT TO INDIANA CODE 6-1.1-10-44
{ PROJECT LOCATED AT STREET ADDRESS
IN THE COUNCIL DISTRICT)
WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common
Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a
determination that certain qualified personal property owned by a eligible business is exempt from
property taxation to the extent such property is located in the City; and
WHEREAS, (the "Company"), has announced its plans
to locate a[computing,networking,or data storage] facility(the "Project") at in the
City (the "Site");
WHEREAS, the jobs to be created by the Project will have an average employee
wage of$ and the Project will result in a capital investment of$ in
real and personal property improvements; and
WHEREAS, the Company has presented to this Common Council a Letter
Agreement, a form of which is attached hereto as Exhibit A and the terms of which are
incorporated herein (the "Agreement"), in which Agreement the Company describes the Project,
and pursuant to which the Company requests that this Common Council determine that (i)the
Company is an "Eligible Business" as defined herein and in the Act; and(ii) certain of the personal
property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement
and including any equipment which may replace such equipment (the "Computer Equipment") is
"Qualified Property" as defined herein and in the Act and therefore qualities for the property tax
exemption provided by the Act; and
WHEREAS, as used herein and as defined in the Act, "Qualified Property" means
certain enterprise information technology equipment acquired after June 30, 2009, which would
include any of the personal property listed below, but would not include computer hardware
designed for a single user, workstation, or departmental level use:
(a) Hardware supporting computing, networking, or data storage function,
including servers and routers;
(b) Networking systems having an industry designation as equipment within
the "enterprise" or "data center" class of networking systems that support
the computing, networking, or data storage functions; or
BDDB01 65465180
(c) Generators and other equipment used to ensure an uninterrupted power
supply to the equipment described in subparagraph (a) or (b) above; and
WHEREAS, "Eligible Business" as used herein and defined in the Act means an
entity that meets each of the following requirements:
(a) The entity is engaged in a business that operates one or more facilities
dedicated to computing, networking or data storage activities;
(b) The entity is located in a facility or data center in Indiana;
(c) The entity invests in the aggregate at least$10,000,000 in real and personal
property in Indiana after June 30, 2009; and
(d) The average employee wage of the entity is at least 125% of the county
average wage for each county in which the entity conducts its business
operations; and
WHEREAS, the Company has certified in the Agreement that (i) it qualifies as an
Eligible Business and (ii) the Computer Equipment constitutes Qualified Property; and
WHEREAS, the Project and the real and personal property improvements to be
made by the Company'at the Site by the Company will benefit the welfare of all citizens and
taxpayers of the City;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION 1. The Common Council hereby makes the following findings based
upon the information provided by the Company in the Agreement:
A. The Company constitutes an Eligible Business; and
B. The Computer Equipment constitutes Qualified Property.
SECTION I1. Subject to the completion of the procedures required by the Act and
described below, the Common Council provisionally declares the Computer Equipment to be
exempt from property taxation, which exemption will continue for an unlimited period of time,
provided that the Company continues to qualify as an Eligible Business and the Computer
Equipment continues to qualify as "Qualified Property" under the Act.
SECTION III. The Common Council hereby authorizes a notice of the adoption
and the substance of this Declaratory Resolution to be published in accordance with Subsection(g)
of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this
resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory
Resolution shall be filed with the St. Joseph County Assessor's office. The notice shall specify a
date when the Common Council will receive and hear all remonstrances and objections from
interested persons. Following such hearing, the Common Council will consider the adoption of a
BOD1303 6546518x3 - 2 -
confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the
execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City, granting the
property tax exemption authorized under the Act for the Qualified Property.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common. Council
BDDB01 65465180 - 3 -
EXHIBIT A
LETTER AGREEMENT
(see attached)
BDDBO 1 65465180
LETTER AGREEMENT REGARDING
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
TAX EXEMPTION
, 20
The Common Council
City of South Bend, Indiana
227 West Jefferson Blvd. • Suite 400 S
South Bend, Indiana 46601
Dear Honorable Council Members:
(the "Company") requests that the Common Council (the "Common
Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and
required pursuant to Indiana Code § 6-1.1-1044 (the "Act") in order to determine that certain
enterprise information technology equipment of the Company is exempt from property taxation
pursuant to the Act.
The Company proposes to locate a project at (the "Site") which is
located within the boundaries of the City (the "Project") which Project will result in a capital
investment in real and personal property at the Site of$ . $
of the personal property improvements will be attributable to the installation -at the Site of
enterprise information technology equipment which will include but be not limited to the
equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise
information technology equipment which may in the future replace the equipment listed at
Exhibit A. Additionally, the jobs created by the Project will result in an average employee wage
of$ , which is at least/exceeds 125%of the county average wage for St. Joseph
County, Indiana.
On behalf of the Company, the undersigned hereby certifies that Company constitutes an
"Eligible Business" as such term is defined in the Act because the Company meets each of the
following requirements:
(a) The Company is engaged in a business that, upon completion of the Project, will operate
one or more facilities dedicated to computing,networking, or data storage activities;
(b) The Company is located in a facility or data center in Indiana;
(c) The Company will have invested upon completion of the Project in the aggregate at least
$10,000,000 in real and personal property which investment will have occurred after
June 30, 2009; and
B DDB01 65468270
(d) The average employee wage of the Company at the Site is at least 125% of the county
average wage for St. Joseph County, Indiana.
The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise
information technology equipment listed at Exhibit A attached hereto and incorporated herein is
Qualified Property because it has been or will be purchased after June 30, 2009, and it
constitutes:
(l) Hardware supporting computing, networking, or data storage function, including servers
and routers;
(2) Networking systems having industry designation as equipment within the "enterprise" or
"data center" class of networking systems that support the computing, networking, or data
storage functions; or
(3) Generators and other equipment used to insure an uninterrupted power supply to
equipment described subparagraph (1) or(2) above.
The undersigned further certifies for and on behalf of the Company that none of the Qualified
Property constitutes computer hardware designed for single user, workstation or departmental
level use.
The Company requests that all enterprise information technology equipment which would
constitute Qualified Property as defined herein and in the Act be deemed exempt from property
taxation as provided by the Act.
The Company acknowledges and agrees that, to the extent that it no longer qualifies as an
Eligible Business as defined herein and under the Act or to the extent that the enterprise
information technology equipment for which the Company desires the tax exemption no longer
qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information
technology equipment will no longer be subject to the tax exemption.
(the "Company")
By:
Printed Name:
Its:
-2-
BDDBO 1 05468270
CITY ACKNOWLEDGEMENT:
The undersigned, acting for and on behalf of the City, enters into and acknowledges the terms of
the foregoing Letter Agreement. The Common Council, having adopted a declaratory resolution
(Resolution No. ' adopted on , 20 ...), provided notice as required by the
Act, and adopted a confirming resolution (Resolution No. , adopted on ,
20j determining to grant the tax exemption provided by the Act, has completed the actions
necessary under the Act by the City to grant a property tax exemption for the Qualified Property
of the Company for an unlimited term so long as the Company meets the requirements of this
Agreement and the Act.
CITY OF SOUTH BEND, INDIANA
20_ Mayor
ATTEST:
City Clerk
-3-
BDbB01 65468270
EXHIBIT A
Qualified Property,Listin.2
BDDB01 65468270
EXHIBIT B
Form of Confirming Resolution
See Attached
BDDB01 6547671v2 - 4 -
RESOLUTION NO.
A RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY
TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION
TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44
( PROJECT LOCATED AT STREET ADDRESS
IN THE COUNCIL DISTRICT)
WHEREAS, the Common Council (the "Common Council") of the City of South
Bend, Indiana (the "City"), pursuant to Resolution No. adopted by the Common
Council on (the "Declaratory Resolution"),provisionally declared subject
to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44(the"Act") and Section
III of the Declaratory Resolution that (i) (the "Company") constitutes an
Eligible Business under the Act and the Declaratory Resolution; (ii) certain personal property of
the Company will constitute Qualified Property (the "Qualified Property") under the Act and the
Declaratory Resolution; and (iii) the Qualified Property will be exempt from property taxation for
an unlimited term provide that the Company continues to qualify for the exemption hereunder and
under the Act; and
WHEREAS, pursuant to the Act and Indiana Code 5-3-1, public notice of the
adoption and the substance of the Declaratory Resolution was provided as well as setting forth that
a public hearing would be held on , to receive and hear all remonstrances
and objections from interested persons; and
WHEREAS, a copy of the Declaratory Resolution and the public notice referenced
above was filed with the office of the St. Joseph County Assessor and with each taxing unit located
in the County; and
WHEREAS, on , the Common Council received and heard all
remonstrances and objections to the Declaratory Resolution from interested persons and
considered the evidence presented.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its findings in the Declaratory
Resolution determining that the Qualified Property of the Company is and shall be exempt from
property taxation for an unlimited term provided that the Company continues to qualify for the
exemption under the Act. The Common Council hereby approves of the form of Letter Agreement
attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest,
respectively, the form of Letter Agreement attached to the Declaratory Resolution.
BDDHOI 6546756v2
SECTION 11. The Common Council further confirms that the final determination
and property tax exemption confirmation for certain enterprise information technology equipment
is based on_ (name of company)'s representations that:
(a) It is engaged in a business that operates one or more facilities dedicated to
computing, networking or data storage activities;
(b) It is located in a facility or data center in Indiana;
(c) It invests in the aggregate at least $10,000,000 in real and personal property
in Indiana after June 30, 2009; and
(d) The average employee wage of the entity is at least 125% of the county
average wage for each county in which the entity conducts its business
operation.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common Council
BDDB01 65467560 -2 -
$pill$8�^•
i�`✓'Per=��x�ti��.��• f�] hV`� Ik
"A
CITY OF SOUTH BEND STEPHEN J.LDECKE,MAYOR
DEPARTMENT OF ADMINISTRATION & FINANCE
GREGG D.ZIENTARA
CONTROLLER
Filed in 1p_� ff!CG
March 9, 2011 -�»•-
Mr. Derek Dieter MOO 0�J 2 J I t
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601 CINCLEriK, �;� '• . Elva?,Its
re: Appropriation of the Common Council from the General Fund #101 for the Cost of Energy
Conservation Initiatives funded by the Federal Energy Efficiency and Conservation Block Grant
from the United States Department of Energy
Dear President Dieter:
On September 21, 2009, the City of South Bend was awarded a $1,046,800 federal Energy Efficiency
and Conservation Block Grant (EECBG) from the United States Department of Energy (Award No. DE-
SC0002273).
On October 15, 2009, the City received its initial installment of grant proceeds in the amount of$250,000
which was budget appropriated in fiscal 2010 and 2011 and has been used over a two year period for
strategic planning development. The proceeds have been used to hire a Municipal Energy Director and to
pay for professional consulting services to develop the energy conservation plan.
On September 13, 2010, the City received a second installment of grant funds in the amount of$654,372.
The Energy Efficiency and Conservation Block Grant provides for 100% federal stimulus funding with no
matching fund requirement on the part of the City.
Of the total grant proceeds received to date of $904,372, a total of $684,430 has been spent,
encumbered or set aside in the 2011 budget for expenditure. A total of$219,942 in grant funds have been
received but have not been appropriated by Council for energy project expenditures.
The purpose of this ordinance is to appropriate the $219,942 in grant funds in the Office of Energy
department in the General Fund for expenditure during 2011 for various energy conservation projects,
including installation of a 45K W hydroelectric turbine at the South Bend Dam and the installation of
energy efficiency upgrades in selected municipal buildings.
Following Council approval of this appropriation request, a sum of$142,428 will remain as available funds
from the original federal grant, yet to be disbursed to the City of South Bend. Federal disbursement of the
remaining grant funds will occur upon City identification of qualified initiatives and request submittal to the
Department of Energy. The City envisions the final request and draw to occur during fiscal 2011.
This bill is presented to Council for I" read at the March 14 meeting, committee meeting, 2nd read, 3rd
read and Council vote on March 28, 2011.
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone: 5741235-4216 Fax: 5741235-9928 TDD; 5741235-5567
Public Works Director Gary Gilot and Energy Director Jonathan Burke will present this bill to Council at
the committee meeting and at the Council session,
Rega s,
Gregg Zientara
cc: Stephen J. t_uecke, Mayor of the City of South Bend
Gary Gilot, Director Public Works
Jonathan Burke, Energy Director
FC c in"Cm. lerk's Office
MAR -- 9 201]
MYCLERK-SOUTH SEND, W
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $219,942 FROM THE GENERAL FUND (#101) IN
2011 FOR THE OFFICE OF ENERGY
STATEMENT OF PURPOSE AND INTENT
On September 21, 2009, the City of South Bend was awarded a$1,046,800 federal
Energy Efficiency and Conservation Block Grant (EECBG) from the United States
Department of Energy(Award No. DE-SC0002273). On October 15, 2009, the City
received its initial installment of grant proceeds in the amount of$250,000 which have
been budgeted and are being used over a two year period for strategic planning
development. These proceeds have been used to hire a Municipal Energy Director and to
pay for professional consulting services to develop an energy conservation plan.
On September 13, 2010, the City received a second installment of grant funds in the
amount of$654,372. The Energy Efficiency and Conservation Block Grant provides for
100% federal stimulus funding with no funds matching requirement on the part of the
City.
Of the total grant proceeds received to date of$904,372, a total of$684,430 has been
spent, encumbered or set aside in the 2011 budget for energy office expenditures. A total
of$219,942 in grant funds have been received but have not been appropriated by Council
for energy project expenditures.
The purpose of this ordinance is to appropriate the remaining $219,942 in grant funds in
the Office of Energy department in the General Fund during 2011 for various energy
conservation projects, including installation of a 45K W hydroelectric turbine at the
South Bend Dam and installation of energy efficiency upgrades in selected municipal
buildings.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1: The sum of Two Hundred Nineteen Thousand Nine Hundred and Forty-
Two Dollars ($219,942) is hereby appropriated in the fiscal year 2011 and ordered set
apart from and within the Office of Energy Department in the General Fund (#101) for
expenditure.
SECTION 11. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Council Bill xx-1Ii'�
rz
council (�'•?.. €�.xa .era - � � 'P
Attest: Member of the Common Council
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2011, at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2011, at
o'clock m.
Mayor, City of South Bend, Indiana
�� �n Clerk=s C�
lrycu
NOT P,FFROVE-D NA R
my j
C J6
RufERRED ►$�dl pi Saw,fI
PASSED
SpU
O� of t"l l l
1400 Coin-CnyBUILDING .t`, .,\ PHONE 5741235-9241
227 W JEFFExsorr BOULEIARD FAX 5741235-7670
Soum BEND,INDLkNA 46601-1830
µ 1865
CITY OF SOUTH BENZ] STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF I,Aw
CHARI,Es S. LEONE AI.ADEAN M. DERosE
CITYATrORNEY March 7, 2011 CHIEF ASSISTAN£CTTYA'I'110RNFy
Mr. Derek Dieter
President, South Bend Common Council
4a'Floor, County-City Building
South Bend, IN 46601
Re: Ordinance to Transfer Ownership of a Small Portion of Fredrickson Park to the State of Indiana
Dear President Dieter:
As part of its ongoing plans to widen State Road 23, the Department of Transportation of the
State of Indiana has made an offer to purchase a small portion of Fredrickson Park. The offer was
$1,900.00 for a portion of land containing 0.086 acres more or less. For your aid in understanding the
proposed transaction I am enclosing with this letter the following exhibits:
A. An area photograph showing the entire Fredrickson Park and indicating the portion which is
the subject of this Ordinance;
B. A drawing prepared by the Indiana Department of Transportation showing the land in
question;
C. The Uniform Property or Easement Acquisition Offer which was presented.,and
D. Park Board Resolution 2011-1 which was approved by the Board of Park Commissioners at
its last regular meeting, February 22, 2011.
Bill Schalliol will present this Ordinance to the Common Council both at its Committee and its
regular meeting.
Your favorable attention to this matter will be most appreciated.
Very truly yours,
Filed in Clerk
Thomas L. Bodnar
t Assistant City Attorney
TLB/cw
JOHN VWROE
crffry CLERKV SQL BEND.?
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
JEFFREY M.JANKOWSKI LAWRENCE J.METEIVER JEFFREY L.SANFORD JOHN E.BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO
TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK
COMMISSIONERS TO THE STATE OF INDIANA
STATEMENT OF PURPOSE AND INTENT
The Indiana Department of Transportation has made an Uniform Property or Easement
Acquisition Offer to the City of South Bend of 3,780 square feet more or less of the
northwesterly portion of Fredrickson Park for the widening of State Road 23. By motion at its
meeting of February 22, 2011, the South Bend Board of Park Commissioners recommended that
this offer for the 0.086 acres of the northwesterly portion of Fredrickson Park, which is more
particularly described in the attached Exhibit "A" be accepted. The Common Council, under I.C.
36-I0-4-18, has the authority to authorize the sale of Park land.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND as follows:
Section 1. That a portion of the northwesterly part of Fredrickson Park, which portion is
more particularly described in Exhibit "A" be transferred to the State of Indiana, pursuant to the
Uniform Property or Easement Acquisition Offer in accordance with Indiana statutes.
Section 11. The proceeds of the sale of the land described in Exhibit"A" shall be credited
to the Park Department and the proceeds expanded for the improvement of remaining park land
or purchase of other land for Park purchases.
Section 111. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk cf n o
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2011, at o'clock . M.
Deputy City Clerk
Approved and signed by me on the day of , 2011, at
o `Clock M.
Mayor, City of South Bend, Indiana
Filed tin _� :_..
Mjce
. ail
NN V-00
9 �
SHEET 1 OF 1
EXHIBIT "A"
Project: STP-S050(007)
Code: 3786
Parcel 147 Fee ,Simple
St. Joseph County Parcel No.: 18-5102359301
Tax ID Key: 71-09-06-176-028.000-026
A part of the northwest quarter of Section 6, Township 37 North, Range 3 East in
the City of South Bend, Portage Township, St. Joseph County, Indiana, being that part of
the grantor's land lying within the right of way lines depicted on the attached Right Of
Way Parcel Plat, marked Exhibit"B", described as follows: Commencing at the
northeasterly corner of Talbot's Plat as recorded in Plat Book 7, Page 26 in the Office of
the Recorder of St. Joseph County, Indiana; thence North 51 degrees 26 minutes 59
seconds Fast (Indiana State Plane Coordinate System, East Zone), along the southeasterly
right-of-way line of South Bend Avenue, a distance of 286.25 feet to the northeasterly
corner of a 0.128 acre tract of land as described in Instrument Number 8406534 in the
office of said Recorder, being the Point of Beginning of this description, designated as
point "434" on said Parcel Plat; thence continuing north 51 reel 26 minutes 59
seconds East, along said southeasterly right of way line, a 7.00 feet to the
northwesterly corner of a 0.348 acre tract of land as described i ru e4- Number
9906156 in the office of said Recorder, designated as point "304"on 1 P, cel Plat;
thence South 38 degrees 33 minutes 01 seconds East, along the northwesterly�boundary
of said 0.348 acre tract, a distance of 140.00 feet to the southwesterly corne'r of said 0.348
acre tract, designated as point "305" on said Parcel Plat; thence South 51 degrees 26
minutes 59 seconds West, a distance of 27.00 feet to the southeasterly corner of aforesaid
0.128 acre tract, designated as point "435" on said Parcel Plat; thence North 38 degrees
33 minutes 01 seconds West, a distance of 140.00 feet to the place of beginning.
Containing 0.086 acres (3,780 square feet), more or less.
DATE: May 19, 2010 5V�
RONALD L. NOLAN
, Registered Land Surveyor SO 439
G,s'TeRF 0� %� State Of Indiana
�� N0.
_ * SO 439
%j-'% STATE OF •�
.. .
`'n urrrsrr
This description was prepared for the Indiana Department of Transportation by Ronald L.Nolan,Indiana
Registered Land Surveyor,License Number LS80040439,on the 19`h day of May,2010.
Y`ProiQcct Files - attltie'(1i 1497 SR?3`+ReviscLi Design\Righ( of Way,Parc�l Files'14 T 147 SBend.doc
r;
t S! Fy r ' X i iz r r 4 llYls' y
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«..•_'i _„�iav� °r.' �'°�'':, N's J.:..c� y `s:. - '�'.'�'°fit i .
�V�,A � a: k ! �
Map provided by The City of
South Rend GIS - 20
_ .. a
Indiana Department of Transportation Waiver Valuatio
R/W PARCEL PLAT
J, t31.4- mm-;: i I -IT- U?A..Uy
EXHIBIT "B" SHEET I OF 2
RIGHT—OF—WAY PARCEL PLAT
PREPARED FOR INDIANA DEPARTMENT OF TRANSPORTATION
BY WESSLER ENGINEERING
0,
inch = 40 ft
007
EQU.
P.O.T. 90+00-00, 'SM-PR'
P.O.C. 58+68-48, -A-PR-
RIGHT-OF-WAY
0.086 ACRES (3,780 SO. FT.)±
0
PAR=- 147 OWNER: CITY OF SOUTH BEND INDIANA DRAVN BY. JNY 3--05-10
CODE: 3786 Cffg= BY RLH 5-24• 10
PRWXCT.- STP-SO50(007) DES. NO.: 9133615
ROAD: S.R. 23 DEED INSTR. NO. 8417354, DATED 08-14-1984
COUNW.' ST. JOSEPH TAX ID KEY. 71-09-06-176-028.Doo-026
SRMON- 6 1
TOWNSM: 37 N HATCHED AREA IS THE
RANGE: 3-E APPROXIMATE TAKING
BMW=AM=AM FM 7M MM UM MM DW M
Des #: 9133615 Parcel: 147 Owner: The City of South Bend
INDIANA DEPARTMENT Of TR R PORTLY R
Driving Indiana's Ltcortorrtic Growth
milli I
900 North SenateAvenue Mitchell E. Daniels,Jr., Governor
Room N642
Indianapolis,Indiana 46204 Michael B. Cline, Commissioner
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
PROJECT: STP-SO50 007)
( PARCEL: 14�7 CODE: 3786
ROAD: SR 23
cc COU NTY: St. Joseph
TO: City of South Bend, Indiana 00GD
227 W. Jefferson Blvd.
1400 City Count Bldg; Ste. 1200
South Bend, IN 46601
The State of Indiana, acting by and through the Indiana Department of Transportation is
authorized by Indiana law to obtain your property or an easement across your property, for certain public
purposes. The Indiana Department of Transportation needs ( our property) (an easement across your
land)for a public highway improvement known as S.R. 23 and needs to take the
( ro er ) (easement) as described on the attached legal description.
It is our opinion that the fair market value of the( ro er ) (easement)we want to acquire
from you is $ 1,900.00 , and, therefore, the Indiana Department of Transportation
offers you $ 1,900.00 for the above described( ro er ) (easement). You have
thirty(30) days from this date to acceptor reject this offer. If you accept this offer, you may expect
payment in full within ninety(90) days after signing the documents accepting this offer and executing the
deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with
title to the land. Possession will be required thirty(30)days after you have received your payment in
full.
Page 2
Project: STP-5050(007) Parcel: 147
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
l. By law, the Indiana Department of Transportation is required to make a good faith effort to
purchase( our pro 3er ) (an easement across your property).
2. You do not have to accept this offer and the Indiana Department of Transportation is not required
to agree to your demands.
3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition
of(your property) (an easement), the Indiana Department of Transportation has the right to file
suit to condemn, and acquire the ro er )(casement) in the county in which the real estate
is located.
4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your
choice on this matter.
5. You may object to the public purpose and necessity of this project.
6. If the Indiana Department of Transportation files a suit to ondem acquire our
Proper ) (an easement)and the court grants its request to conl. will then appoint
three appraisers who will make an independent appraisal of the
acquired. ro er easement)to be
7. If we both agree with the court appraisers' report,then the matter is settled. However, if either
of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial
to decide what should be paid to you for the ro er } (easement)condemned.
8. If the court appraisers' report is not accepted by either of us, then the Indiana Department
of Transportation has the legal option of depositing the amount of the court appraisers'
evaluation with the court. And if such a deposit is made with the court, the Indiana
Department of Transportation is legally entitled to immediate possession of the( ro er )
(easement). You may, subject to the approval of the court, make withdrawals from the amaunt
deposited with court. Your withdrawal will in no way affect the proceedings of your case in
court, except that, if the final judgment awarded you is less than the withdrawal you have made
from the amount deposited, You will be required to pay back to the court the amount of the
withdrawal in excess of the amount of the final judgment.
Page 3
Project: STP-5050 (007) Parcel: 147
9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled
to present legal evidence supporting our opinions of the fair market value of the proper or
easement. The court's decision may be more or less than this offer. You may employ, at your
cost,appraisers and attorneys to represent you at this time or at any time during the course of
the proceeding described in the notice.
10. If you have any questions concerning this matter, you may contact us at:
The Indiana Department of Transportation
Real Estate Division
Indiana Government Center North
100 North Senate Avenue, Room N642
Indianapolis, Indiana 46204-2249
Attn: Office of Real Estate
Phone: 317-232-5300
This offer was made to owner(s): L`-�J�;
r�
City of South Bend, Indiana of ST. Joseph County on (Date)
By: Ste hen J. Luecice -Mayor of St. Joseph County on (Date)
of on (Date)
of on (Date)
BY:
"anurel
Mary_Loy
(Printed Name and Title)
Agent of: The Indiana Department of Tran n
Filed InTC"MOK S 0MCO
10 L
J' N VOOM
CITY OLF. 80th ����i� `;
Page 4
Project: STP-5050 (007) Parcel 147
The undersigned persons executing this deed represent and certify on behalf of the Grantor,that he/she is a duly elected officer of The City of
South Bend,Indiana,the Grantor,and has been fully empowered by proper resolution,or the by-laws of the Grantor,to execute and deliver this
deed;that the Grantor is a corporation in good standing in the State of its origin and,where required,in the State where the subject real estate is
situate;that the Grantor has full corporate capacity to convey the real estate described;and that all necessary corporate action for the making of
this conveyance has been duly taken.
If you decide to accept the offer of $ 1,900.00 made by the Indiana Department of
Transportation, sign your name below and mail this forth to the address indicated above. An additional
copy of this offer has been provided for your file,
ACCEPTANCE OF OFFER
I(We), Ci of South Bend, Indiana
owner(s) of the above described property or interest in property, hereby accept the offer of
$ 1,900.00 trade by the Indiana Department of Transportation on this day of
20 11
CitV of South Bend Waxa
By: Stephen J. Luecke - Mayor
NOTARY'S CERTIFICATE
STATE OF Indiana )
SS:
COUNTY OF St. Jose h )
Subscribed and sworn to before me this day of ,20 11
My commission expires:
My county of residence is:
(Signature)
(Printed) Notary Public
Robert Goodrich, Vice-President
ATTEST: Thomas Kelly
William Carleton Garrett Mullins
Executive Secretary
f
i
r
�r �
Indiana Department of Transportation Waiver Va1ua-
LE GAL DESCRIPTION — PERMANENT R/W
SHEET 1 OF I
EXHIBIT"A"
Project: STP-5050(007)
Code: 3786
Parcel 147 Fee Simple
St-Joseph County Parcel No.: 18-5102-359301
Tax-ID Key: 71-09-06-176-028.000-026
A part of the northwest quarter of Section 6, Township 37 North, Range 3 East in
the City of South Bead, Portage Township, St. Joseph County, Indiana,being that part of
the grantor's land lying within the right of way lines depicted on the attached.Right Of
Way Parcel Plat,marked Exhibit"B",described as follows: Commencing at the
northeasterly corner of Talbot's Plat as recorded in Plat Book 7,Page 26 in the Office of
the Recorder of St•Joseph County,Indiana; thence North 51 degrees 26 minutes 59
seconds East(Indiana State Plane Coordinate,System,East Zone),along the southeasterly
right-of-way line of South Bend Avenue, a distance of 286.25 feet to the northeasterly
corner of a 0.128 acre tract of land as described in Instrument Number 8406534 in the
office of said Recorder, being the Point of Beginning of this description,designated as
point"434"on said Parcel Plat;thence continuing north 51 degrees 26 minutes 59
seconds East, along said southeasterly right of way fine,a distance of 27.00 feet to the
northwesterly corner of a 0.348 acre tract of land as described in Instrument Number
9906156 in the office of said Recorder,designated as point"304"on said Parcel.Plat;
thence South 38 degrees 33 minutes 01 seconds East,along the northwesterly boundary
/ ofsaid 0.348 acre tract, a distance of 140.00 feet to the southwesterly corner of said 0.348
acre tract, designated as point"305"on said Parcel Plat; thence South 51 degrees 26
minutes 59 seconds West,a distance of 27.00 feet to the southeasterly corner of aforesaid
0.128 acre tract,designated as poin' t"435"on said Parcel Plat. thence North 38 degrees
33 minutes 01 seconds West,a distance of 140.00 feet to the place of beginning.
Containing 0.086 acres(3,780 square feet), more or less.
DATE,:May 19, 2010 V ;;�, 4S
RONALD L.NOLLAN
`l"\����a�r+smmiuffmi�liln�i�. Registered Land Surveyor SO 439
�Q �- y q�
q����G 'TaFO�I State Of Indiana
s tt0. :yam
* _ sa439 _ *=
STATE OF
q?;. Y671.iA...... 44�
�"11�1911f!!ff if I I1StSts44t�n�
This description was prepared Far the lndiana Departrneot of Transportation by Ranaid L.Nolan,Indiana
Registered Land Surveyor,License Numbcr LS80040439,on the 19'"day of May,20:4.
1'. P'o.w SR�? CZC'.i,rci L7.:i n'tti�;3n nr'•1';r !'.. izf Fitr:, !i"
.Des #: 9133615 Parcel: I47 Owner: The City Of South Bend
RESOLUTION NO. 2011-1
A RESOLUTION OF THE BOARD OF PARK COMMISSIONERS OF THE CITY OF
SOUTH BEND, INDIANA TRANSFERRING OWNERSHIP OF A PART OF
FREDRICKSON PARK TO THE STATE OF INDIANA
WHEREAS, the Board of Park Commissioners of the Civil City of South Bend
(Hereinafter referred to as Park Commissioners) is authorized under I.C. 36-10-4 to administer
Park property for the City of South Bend; and
WHEREAS., the Board of Park Commissioners is authorized to acquire and dispose of
real and personal property under I.C. 36-10-4-9(c)(8); and
WHEREAS, the Board of Park Commissioners under said authority has acquired and
operates the property known as Fredrickson Park, including a portion more particularly described
in the attached Exhibit "A"; and
WHEREAS, the City. of South Bend has.received a Uniform Property or Easement
Acquisition Offer from the Indiana Department of Transportation to acquire a portion of
Fredrickson Park described in the attached Exhibit "A" in exchange for One Thousand Nine
Hundred Dollars ($1,900,00);.and
WHEREAS, the Board of Park Commissioners desires to accept the Uniform Property or
Easement Acquisition Offer.
NOW, THEREFORE BE IT ' RESOLVED BY THE BOARD OF PARK
COMMISSIONERS OF THE CIVIL CITY OF SOUTH BEND, INDIANA that:
L' The Board of Park Commissioners authorize the transfer of that portion of
1
Fredrickson Park described in the attached Exhibit A from the Department of Public Parks of
the City of South Bend, Indiana to the State of Indiana.
2• The .Park Commissioners authorize the President of the Board or the Vice-
President, or in the absence of the President or Vice-President, the Executive Secretary, to attest
to the Deed and to any and all other documents relating to the transfer of real estate to the City of
South Bend and to effect the closing of same on the advice of legal counsel; and
3. In accordance with the requirements imposed by I-C. 36-10-4-18, this transfer is
subject to the approval of an Ordinance by the South Bend Common Council approving the sale,
and this Resolution shall be in full force and effect upon the approval of said Ordinance.
Dated this 10day of February, 2011
CITY.OF SOUTH BEND
BOARD OF PARK COMMISSIONERS
Robert Henry, President
Indiana Department of Transportation Waiver Valuati
LEGAL DESCRIPTION -- PERMANENT R/W
SHEET I OF I
a�?
E BIT"AII
Project: STP-S050(007)
Code:3786
Parcel 147 Fee Simple
St. Joseph County Parcel No.: 18-5IO2-359301
Tax ID Key:71-09-06-176-028.000-026
A part of the northwest quarter Of Section 6, Township 37 North, Range 3 East in
the City of South Bend, Portage To
the grantor's land I wnship,St.Joseph County, Indiana,being that part of
Way Parcel Pl ying within the right of way lines depicted on the attached Right Of
at marked Exhibit`B",described as follows: Commencing at the
northeasterly corner of Talbot's Plat as recorded in Plat Book 7,,Page 26 in the Office of
the Recorder of St.Joseph County,Indiana,thence North 51.degrees 26 minutes 59
seconds East(Indiana State Plane Coordinate System,East Zone),along the southeasterly
right-of-way line of South Bend Avenue,a distance of 286.25 feet to the northeasterly
corner Of 0.128 acre tract of land as described in Instrument Number 8406534 in the
Office of said Recorder, being the Point of Bcginning of this description,designated as
Point"434"on said Parcel Plat;thence continuing north Si degrees ) minutes 59
seconds East,along said southeasterly right of way line,.a distance of min feet to the
northwesterly corner of a 0.348 acre tract of land as described in Instrument Number
9906156 in the office of said Recorder, designated as point"304"on said Parcel Plat'
thence South 38 degrees 33 minutes of seconds East,along the northwesterly boundary
,
of said 0.348 acre tract,a distance of 140.00 feet to the southwesterly c"terl of said boundary
acre tract, designated as point"305"on said Parcel Plat; thence South 51 degrees 26
minutes 59 seconds West,a distance of 27.00 feet to the southeasterly corner of aforesaid
0_I28 acre tract,designated as point"435"on said parcel plat; thence North 38 degrees
33 minutes of seconds West,a distance of 140.00 feet to the place of beginning.
Containing 0.086 acres(3,780 square feet), more or less.
DATE:May 19,ZDIO �
RONALD L.NOLAN
,��ti�uuunlrerrnrpa/ Registered Land Surveyor SO 439
State Of I
ndiana
* _ So
This description was,prepared for the Indiana Department of Transportation by Ronald L_Nolan,.Indiana
Registered Laud Surveyor,License Number LS80040439,on the 19A day of May,20f 0.
1' Ps„, 1'if .; •.c�ti, rr;rc
I=1)l•S 14, tY:tilt l'rI.[113�
Des #: 9133615 Parcel: 147 Owner: The City of South Bend
JOHN W. BYC>PN1
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
4AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD_ ROOM 1 140 COUNTY-C€TY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-9571
March 8, 2011 . _
Derek D. Dieter, President
South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Establish a Design Guideline Overlay
District for the Northeast Neighborhood Development Area
Dear Mr. Dieter:
Attached is a proposed ordinance being initiated by the Area Plan Commission on behalf
of the Northeast Neighborhood Revitalization Organization. The proposal if adopted will
establish design guidelines for new construction in the Northeast Neighborhood
Development Area.
Please place this item on the March 14, 2011 Council Agenda for First Reading. The
Area Plan Commission will schedule this ordinance for public hearing on April 19, 2011.
If you have any questions, please feel free to contact me.
Sincerely,
GU.
W. Byo
SERVING:ST JOSEPH COUNTY.SOUTH SEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND
www.stjosephcountyindiana.com/Areapl;Ln
Ordinance No.
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING
ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE,AS AMENDED,
AMENDING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW
SECTION 21-06.03, "NNDA" NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF
SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY
KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA(NNDA)
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for
the City of South Bend that went into effect on May 7, 2004. The zoning ordinance contains
provisions for establishing Overlay Districts.
The South Bend Redevelopment Commission has established the Northeast Neighborhood
Development Area. Residents of this area have been working to establish design guidelines for
this area. On August 26, 2009, the Commission approved and adopted its
Resolution No. 2598 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST
NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST
NEIGHBORHOOD DESIGN GUIDELINES".
On September 15, 2009, The St. Joseph County Area Plan Commission approved Resolution No.
203-09 which approved a resolution of the South Bend Redevelopment Commission amending
the Development Plan for the Northeast Neighborhood Development Area and adopted the
Northeast Neighborhood Design Guidelines.
Now,therefore,be it ordained by the Common Council of the City of South Bend, Indiana, as
follows:
Section 1. Chapter 21, Zoning, of the South Bend Municipal Code, be amended by adding
the following new section 21-06.03 Northeast Neighborhood Development Area ("NNDA")
Overlay Zoning District.
Sec.21-06.03 Northeast Neighborhood Development Area ("NNDA") Overlay
Zoning District
Notwithstanding any provision elsewhere in this South Bend Zoning Ordinance ("hereafter
referred to as "this SBZO") to the contrary, all new development within the Northeast
Neighborhood Development Area Overlay Zoning District (hereafter referred to as the "NNDA")
is subject to the following regulations and procedures. In the case of conflict between the
provisions of the NNDA and other provisions of this SBZO, the provisions of the NNDA shall
control.
1
(a) Purpose and Authority.
The NNDA is hereby created and is applicable to all real property located within the NNDA as
depicted on the Zoning District Map for the City of South Bend. The NNDA is created for the
following purposes:
(1) To establish a comprehensive design approach for the Northeast Neighborhood
Development Area;
(2) To facilitate development reviews;
(3) To encourage improvement and enhancement of the neighborhood's existing
properties;
(4) To encourage high-quality design of future buildings and site development that
preserves and enhances the character of a traditional neighborhood;
(5) To create a strong, unique neighborhood identity image;
(b) To provide a range of design options to address future development opportunities;
and
(7) To instill and enforce the sense of "pride of place" among residents, businesses,
and property owners.
In order to assure the compatibility of new development or major additions to existing
development within the NNDA with the surrounding community, any (i) new construction; (ii)
building addition; (iii) new or expanded surface parking area; (iv) exterior building renovations
that require a building permit; or (v) new or materially modified freestanding sign, within the
NNDA after the effective date of the NNDA is subject to the approval of a Development Plan for
Design Review by the Building Commissioner. However, the provision stated in the immediately
foregoing sentence is not applicable to improvements on Single Family Residential real property
if the construction of those improvements was substantially completed before the effective date
of the NNDA. While not required by this ordinance, owners of existing Single Family
Residential real property are encouraged to refer to the Northeast Neighborhood Design
Guidelines for guidance in the development or alteration of improvements on their property.
(b) Definitions.
In addition to the definitions contained in Article 11, Section 21-11 Definitions, the following
definitions apply in this NNDA.
(1) Arcade—A series of arches supported by columns or piers; a building or part of a
building with a series of arches.
(2) Articulation - The relationship of contacting surfaces to create a series of plane
changes in order to avoid a flat appearance.
2
(3) Atrium - A sky lit central court in a building.
(4) Bay - One unit of a building that consists of a series of similar units, commonly
defined by the number of window and door openings per floor or by the space
between columns or piers.
5) Belt Course - A narrow, horizontal band projecting from the exterior walls of a
building, usually defining the interior floor levels.
(6) Brace - A diagonal stabilizing member of a building frame.
(7) Bracket - A support element under eaves, shelves or other overhangs; often more
decorative than functional.
(8) Building Mass - The height, width and depth of a structure.
(9) Building Scale - The relationship of a particular building, in terms of building
mass, to other nearby and adjacent buildings.
(10) Cantilever- A projecting beam or part of a structure supported only at one end.
(1 I) Casement- A window with sash hung vertically and opening inward or outward.
(12) Colonial Style - The style of architecture, decoration, and furnishings of the
British colonies in America in the 17th and 18th centuries, mainly adapted to local
materials and demands from prevailing English styles.
(13) Cornice - Projecting ornamental molding along the top of a building or wall.
(14) Craftsman Style - A movement that originated in England in the late 1800s as a
reaction to poor-quality, mass-produced goods, conceiving of craft and decoration
as a single entity in the fabrication of objects.
(15) Cupola - A dome shaped roof on a circular base, often set on the ridge of a roof.
(16) Dormer - A vertically set window on a sloping roof, the roofed structure housing
such a window.
(17) Eaves - The projecting overhang at the lower edge of a roof.
(18) Egress - An exit.
(19) Flat Roof-A roof that has no perceptible pitch or slope.
(20) Fenestration - The arrangement of windows in a wall.
3
(21) Gable-A triangular wall segment at the end of a double pitched or gabled roof.
(22) Gambrel -A ridged roof with two slopes on each side, the lower slope having the
steeper pitch.
(23) Hipped Roof- A roof with four uniformly pitched sides.
(24) Ingress -An access or entry point.
(25) Lintels -A beam supporting the weight above a door or window opening.
(26) Mansard Roof-A roof that has two slopes on all four sides.
(27) Masonry- Wall construction of materials such as stone, brick and adobe.
(28) Modern. Style— The style of architecture commonly referred to by architects, and
in North American architectural literature, as "Modern" or "Modernistic". For
example, see McAlester, Virginia & Lee, A Field Guide to American Houses,
Alfred H. Knopf, New York 1984 p. 464 et seq.
(29) Molding - A continuous decorative band that is either carved into or applied to a
surface.
(30) Mullion - A vertical member separating, and often supporting, windows, doors or
panels set in a series.
(31) Parapet - A low, solid, protective wall or railing along the edge of a roof or
balcony.
(32) Pavers - Preformed paving blocks that are installed on the ground to form patterns
while at the same time facilitate pedestrian and vehicular travel.
(33) Plaza - An open space that may be improved and landscaped, usually surrounded
by streets and buildings.
(34) Portico - A major porch or overhang supported by columns.
(35) Prairie Style - A style of the early 20th century, notably Frank Lloyd Wright that
emphasized the horizontal lines responding to the flatness of the Midwestern
prairie.
(36) Setback - The distance between a building and any lot line.
(37) Spindle - A turned wooden element, often used in screens stair railings and porch
trim.
4
(38) Sill - The lowest horizontal member of a frame structure, resting on and anchored
to a foundation wall.
(39) Steeply-sloped - Having a pitch of 10112 or greater for a minimum horizontal
distance of thirty-six inches (36").
(40) Streetwall - The continuation of zero lot line building fagades along a street.
(41) Step back - An architectural element in which the upper stories of a tall building
are stepped back from the lower stories.
(42) Transom -A crosspiece separating a doorway from a window or fanlight above it.
(43) Tudor Style- A transitional style of English architecture that developed during the
reign of the royal house of Tudor in the second half of the 18th century,
characterized by the Tudor arch and the application of Renaissance details to
buildings.
(44) Turret - A small, slender tower usually at the corner of a building, often
containing a circular stair.
(45) Uplight - A decorative light fixture used to accent architectural elements or
landscaping.
(46) Vault - An arched ceiling of masonry.
(47) Veranda-A roofed open gallery or porch.
(c) Single Family Residential
(I) Single Family Residential Building Massing
(A) Building massing, height, bulk, scale, and proportion should mimic the
existing character of the Northeast Neighborhood and comply with all
provisions of this NNDA.
(B) In areas of mixed residential building types, the height and massing of
buildings should generally be no more than twice the height and massing
of adjacent buildings (including buildings located across the street).
(C) New development must provide a transition between differing land uses
and adjacent buildings through the use of step backs, building setbacks
and massing, landscaping, screening, and building articulation.
5
(D) Building massing must generally take a rectangular to square form.
Angular or curved building massing is prohibited.
(E) Building heights must not be less than one (1) large story (or fifteen feet
[15']) and must not exceed two-and-a-half(2 %2) stories (or thirty-five feet
[35']).
(F) Front doors and windows to major rooms should face the primary street.
Walkways leading to the front door, separate from the driveway, are
encouraged.
(G) Front porches are required and must have a minimum depth of eight feet
(S) and cover a minimum of fifty percent (50%) of the primary street
elevation. Encroachment of these features into front yard setbacks shall be
addressed on a case by case basis and might require a variance to local
codes.
(2) Single Family Residential Building Shapes
(A) Rooflines and overhanging eaves should relate to the existing character of the
Northeast Neighborhood.
(B) Hipped and gabled roofs are acceptable roof types. Other roof types shall
be evaluated with house style on a case by case basis.
(C) Mansard, mock mansard, and barrel roofs are prohibited.
(D) Eaves should have a maximum overhang of three feet (3').
6
(3) Single Family Residential Building Setbacks
(A) Setbacks must conform to the standards set forth in this SBZO. Buildings
setbacks should include landscaping and pedestrian walks to enhance the
pedestrian experience.
(B) Appropriately designed setbacks that do not conform or relate to adjacent
buildings that are required to accommodate unusual site conditions (i.e.
existing trees, grades, etc.) are encouraged.
(C) Building on corner lots to the setback lines of both streets is strongly
encouraged in order to "hold" comers and define blocks.
(4) Single Family Residential Building Design And Materials
(A) Facades
(i) All buildings should be designed with common elements such as
clearly defined front doors/entries, front porches, articulated rootlines, and
symmetrical fenestration on the front facade (i.e., the facade facing the
primary street).
(ii) Buildings that have identifiable architectural styles must incorporate
elements and details that remain consistent with that style. "Mixing-
and-matching" architectural elements from various styles is
prohibited.
(iii) Non-contextual facades that do not relate to the street, adjacent
properties, and the general neighborhood character are prohibited.
(iv) Unarticulated, Modern Style building fagades are prohibited.
(v) Front building fagades should be oriented toward, and parallel to, all
primary street frontages including buildings on corner lots.
(vi) Building designs that create blank wall conditions facing primary or
secondary streets are prohibited.
(vii) The front door should be a prominent and welcoming feature on the
front facade of the house, facing the primary street frontage. Building
designs that create blank wall conditions facing the street or orient
front doors so that they are not visible from the street are prohibited.
(viii) Primary entries and windows, rather than garage doors, must be the
dominant elements of the front facade.
(ix) Street-facing fagades of attached buildings should incorporate
7
horizontal bays or vertical articulation to create a smaller, more
individual building image. Such fagades should maintain a rhythm of
smaller buildings consistent with the surrounding neighborhood.
(x) Garage doors must be oriented away from the primary street frontage.
B. Fenestration
(i) Buildings must provide fenestration on facades facing primary and
secondary streets. Exposed,blank walls are prohibited.
(ii) Door and window placement should be symmetrical along the
centerline of the facade to respect the existing character of the
Northeast Neighborhood.
(iii) Door and window shapes must be rectangular (oriented
vertically), square, or Palladian. Round, hexagon, and
octagonal shapes are acceptable only as accents.
(iv) Dormer windows are encouraged where appropriate to the
architectural style of the roof form.
(v) The front door must be the dominant feature on the front facade
of the house and must remain consistent with the building's
architectural style or character.
(vi) All doors, especially the front door, are encouraged to have a
variety of details including panels, windows, sidelights, and
transoms.
(vii) Doors and windows must be made of painted aluminum, wood,
or vinyl. Clear glass is acceptable; dark or reflective glass is
prohibited.
(viii) Mill finish(non-colored) aluminum or metal door and window
frames are prohibited.
(ix) if a building has window shutters, they must be sized and shaped
to match the associated opening, and must be mounted against the
outside edge of the window. Window shutters must be either
louvered or paneled, and made of painted wood, metal, or vinyl.
(x) Solid metal security gates,metal rolldown windows, and link/grill
security devices are prohibited in all residential windows and
doorways.
8
C. Materials
G) Wood or cement fiber siding/shake, stucco, and brick or stone
masonry are the preferred primary building materials for new
residential structures and additions. Locally-quarried stone
should be used as an accent material.
(ii) Bricks used on visible residential facades should be no larger
than a standard brick (4" x 2" x 8"). "Queen," "jumbo," or other
commercial-grade/scale bricks are prohibited.
(iii) Cinder/concrete block, metal, plywood, unfinished pre-cast or
poured-in-place concrete are prohibited on any residential
building facades
(iv) Roofs, if sloped, must be clad in cedar wood shake,
fiberglass, asphalt shingles, or slate.
(v) When used, asphalt or fiberglass shingles with a "shadow line"
effect are encouraged, as long as they meet or exceed local
building codes.
(D) Colors
(i) Natural tones/hues and traditional colors of the Northeast
Neighborhood should be used for the main portion of building
facades and roof forms. Neutral earth tones (beige to brown),
shades of gray, traditional colors (brick red, dark green, navy blue),
or light, subdued hues are also acceptable.
(ii) Contrasting and complimentary, accent colors which are
compatible with the colors listed above, are acceptable for
secondary or accent colors.
(iii) Primary colors, bright, or excessively brilliant colors are
prohibited as the primary house color but may be used sparingly
for subtle trim accents or in conjunction with a historic home
restoration/renovation program.
(iv) Roof colors must complement the building's primary color. Roof
colors may be a natural finish
(E) Projections
{i) Residential entrances must be visible from the street, easily
accessible, and well-lit. Architectural elements such as porches,
porticos, and canopies are required to identify residential entrances
9
and maintain the existing neighborhood character.
(ii) Projected residential entrance features can take various forms
but must remain consistent with the overall architectural
character and massing/form of the building.
(iii) Attached dwelling units should have street-facing,
individual entries.
(iv) Front doors should be a prominent and welcoming feature on the
primary street facade of the house.
(v) Front entry features must be raised between twenty-four and
forty-eight inches (24"-48") above finished grade and accessible
via well-designed and proportional stairs. In no case should an
entry feature design guideline inhibit the use and fair access for
disabled individuals/owners of a home.
(vi) Front entry porches along the primary street frontage are required.
Decks and garages should be located and oriented to the rear of
the primary structure.
(vii) The front entry porch, portico, or canopy must be a
minimum of eight feet (8) deep and must extend a minimum of
fifty percent (50%) of the house width along the primary street
elevation. Front entry features must be scaled, massed, and
styled according to the residence.
(viii) Porches should be massed in relation to the overall building form.
Porches should respect the architectural style, color, and materials
of the primary house.
(ix) Porches should, wherever feasible, incorporate piers or columns that
complement the architectural character of the house. Piers should
be constructed of brick, wood, or stone, Columns are encouraged
to be constructed of painted wood, although pre-fabricated
fiberglass columns are acceptable substitutions.
(x) Porches should be elevated between thirty and forty-eight inches
above the sidewalk to create a greater sense of enclosure along
residential streetscapes. Steps from the walkway to the porch
steps must have a handrail and stair riser dimension that
complies with this SBZO.
(xi) Porch handrails should be constructed primarily of painted wood to
comply with local building codes. Perforated metal, stainless
steel cables, and unfinished metal mesh are prohibited.
10
(xii) Open bottoms of porches are prohibited Porch bases must be
continuously skirted with a painted wood lattice panel,masonry, or
similar material to the primary building.
(F) Lighting
(i) Building lighting should be integrated into the design of the building
and reflect the character of the neighborhood.
(ii) Building lighting should be attached to the facade of the building.
Floodlights and uplights on residential building facades are
prohibited.
(iii) Building lighting should minimize glare and light intrusion on
adjacent properties.
(iv) Building lighting should be soft white. Colored lights are
prohibited unless for appropriate seasonal decoration or interest.
(G) Mechanical Equipment and Utilities
(i) Exposed mechanical equipment and utilities should be appropriately
screened from view whenever possible. Locating utilities
underground whenever possible is strongly recommended.
(ii) Exposed mechanical equipment along primary and
secondary street frontages is prohibited.
(iii) Any rooftop mechanical equipment should be located in the center
or rear corner of a building, away from the primary street
elevation.
(iv) Any rooftop mechanical equipment should be screened by the
roof form. When the roof form cannot hide such equipment,a solid
screen should be constructed of materials similar to those of the primary
fagade.
(v) Vents, gutters, downspouts, flashing, electrical conduit, and other
appurtenances should be painted to match the adjacent surface
unless being used expressly as an accent material such as copper
flashing or gutters.
(vi) Window-mounted air conditioning units placed facing primary or
secondary street frontages are prohibited.
(vii) Satellite television dishes must be located according to the
provisions of this SBZO, in the most discreet location possible,
11
and away from public view.
(5) Single Family Residential Front Yard Landscaping
(A) Landscaping should be viewed collectively to maintain a park-like
character and respect the integrity of the Northeast Neighborhood.
(B) Landscaping should preserve and incorporate existing trees into the
overall design. Most mature existing trees often enhance the overall
character of the street and individual property. Whenever feasible, an
arborist/forester, or landscape architect-should be consulted to determine
health, size, species, and safety issues related to preserving existing trees.
(C) Landscaping, including lawns and gardens, should harmonize with the
natural terrain and character of the area.
(D) New or rehabilitated homes with little or no foundation plantings along primary or secondary
street frontages are prohibited.
(E) Landscaping must be appropriately scaled and layered to balance canopy,
understory shrubs/trees, and groundcover plantings.
(F) Landscaping should include a variety of native plant materials that will provide interest in all
seasons. Plant materials should provide seasonal interest to add color, variety, and visual
interest to the home throughout the year.
(G) Perennial plantings that provide a variety of seasonal bloom periods should
be incorporated,where feasible,into front yard planting schemes.
(H) Landscaping must respect and complement the architecture, especially
the front door, porch, windows, and steps. Plantings must not obscure
architectural elements or views to and from the street.
(I) Steeply-sloped yards must incorporate a slope retention element of either a
small retaining wall with steps as a transition to the sidewalk or ground
cover/low shrub massings planting schemes.
(J) Front yards with slopes that do not require a retaining wall should be
landscaped with groundcovers or low shrub massings to help prevent
erosion and reduce maintenance. Turf grass slopes are acceptable, but not
encouraged.
(K) Decorative walls, low fences, and hedges should be used sparingly in the
front and side yard unless needed for grade transition purposes or
designed as part of an overall landscape concept or theme. When
utilized, decorative walls, fences, or hedges must not exceed three feet Q)
in height along the front and side property lines that face the streets.
12
(L) Wood and decorative metal are the preferred materials for residential
fencing. Fences should be considered an extension of the architecture of
the residence and should make a transition between the mass of the
architecture and the natural forms of the site.
(M) Decorative fences and hedges must be no greater than six feet(6') in height along the rear
and side property lines that do not face the streets.
(6) Single Family Residential Parking And Service Areas
(A) Parking must be provided by an off-street enclosed garage located at the rear
of the primary structure. All garages must comply with the setbacks
required by this SBZO.
(B) Side-loaded garages accessible from primary or secondary street frontages
are permitted only when alley access to garages is not possible or
practical.
(C) Garages must have a setback (apron) from the rear property line at least
sufficient to accommodate the parking of an automobile.
(D) Garage setbacks must include paved and screened locations for trash cans
if cans cannot be stored in the garage. Trash and waste containers should
be located within the garage or screened area from the street or alley.
(E) Garages along primary or secondary streets should incorporate
single-car garage doors to reduce the overall visual impact of the garage.
Garages that access from rear alleys may incorporate double-car doors. No
more than one (l) double or two (2) single garage doors are permitted to
face any primary or secondary street.
(F) Garages must incorporate roof types that complement the roof type of the
primary building. Hipped and gabled are acceptable roof types. Where
appropriate to the design, dormers may be included.
(G) Garages that access from the front of the property or the primary street
are prohibited. Garages that access directly from South Bend Avenue
are prohibited.
(H) Three-car garages are prohibited.
(I) Driveways should generally be twelve feet (12') wide at the property line
tapering as necessary on the residential side. Excessively wide driveways
(sixteen feet [16') or greater at the curb) and circular designed driveways
within the front yard setback are prohibited.
13
(J) Driveways within front yards should be as narrow as possible to reduce
paved surfaces and increase front yard and tree lawn areas.
(K) Driveways on comer lots should be located as far as possible from intersections.
(L) Driveway curb-cuts should be placed to maximize the number of on-street parking spaces.
(M) Attractive materials and design features should be used to minimize the
"hard" appearance of driveways. Where feasible, interlocking permeable
paving material should be considered.
(7) Single Family Residential Landscaping and Screening
(A) Landscaping for new single family residential development must meet or exceed the
requirements set forth in Section 21-07.01 Landscape Regulations of this
SBZO.
(B) Landscaping for rehabilitated buildings should be upgraded to meet or exceed the
requirements set forth in Section 21-07.01 Landscape Regulations of this
SBZO. Where not feasible due to existing space limitations or existing site design,
additional landscaping should be provided in other areas of the site.
(C) Landscaping and fencing should be used to screen exposed side views of garages,
especially along side streets at the entrances to alleys.
(D) The incorporation of street trees in alley areas adjacent to garages is encouraged where
practical.
(8) Single Family Residential Building Addresses
(A) All buildings should clearly display their address numbers. Address numbers should be
three to four inches (3"-4") in height, and designed as a decorative element that
complements the building's architecture.
(B) The size and location of building addresses should be pedestrian-oriented
and in proportion to the building fagade.
(C) Building addresses should be constructed of high-quality, solid, and
otherwise durable materials. Wood,metal, and stone addresses are
acceptable. Vinyl-applied numbers are prohibited.
(D) Building address text should be simple and easy to read. To maximize
readability, text should contrast with the background material and
color upon which it is placed.
(E) Building addresses should be located along the primary street
elevation only.
(F) Building addresses should be visible at night.
14
(d) Multi-Family Residential.
(1) Multi-Family Residential Building Massing
(A) Building massing, height, bulk, scale, and proportion must mimic the
existing character of the NNDA and conform to all other provisions of this
SBZO.
(B) In areas of mixed residential building types, the height and massing of
buildings must be no more than twice the height and massing of adjacent
buildings (including buildings located across the street).
(C) New development should provide a transition between differing land uses
and adjacent buildings through the use of step backs, building setbacks
and massing, landscaping, screening, and building articulation.
(D) Building massing should take a rectangular to square form. Angular or
curved building massing is prohibited.
(E) Buildings shall not exceed three (3) stories (or forty feet [40']). Buildings
are encouraged to have a variety of roof forms.
()") While discouraged, if a fourth story is added through a variance
procedure, the fourth floor must have a step back of no less than ten feet
(10') from the primary street.
(2) Multi-Family Residential Building Shapes
(A) Rooflines and overhanging eaves must be compatible with the existing
character of the NNDA.
(B) Large buildings shall incorporate roof forms, articulation, and fagades to
accentuate a smaller unit massing and appearance.
(C) Eaves must have a minimum overhang of two feet (2) and a maximum
overhang of three feet (3').
(3) Multi-Family Residential Building Setbacks
(A) . Attached buildings located close to the public sidewalk streetscape are
strongly encouraged. Setbacks must be no greater than ten feet (10') from
the right of way lines.
15
(4) Multi-Family Residential Building Design and Materials
(A) Fagades
(i) All residential buildings must be designed with common elements
including but not limited to clearly defined front doors/entries,
front porches articulated rooflines, and balanced/symmetrical
fenestration on the primary fagade.
(ii) Residential buildings that have identifiable architectural styles
must incorporate elements and details that remain consistent with
that style.
(iii) Non-contextual facades that do not relate to the street, adjacent
properties, and the general neighborhood character are prohibited.
(iv) Unarticulated, Modern Style building facades are prohibited.
(v) Front building facades must be oriented toward, and parallel to, all
primary street frontages including corner lots.
(vi) Building designs that create blank wall conditions facing primary
or secondary streets are prohibited.
(vii) The front door(s) must be a prominent and welcoming feature on
the front facade of the house and must face the primary street
frontage. Building designs that create blank wall conditions facing
the street or orient front doors so that they are not visible from the
street are prohibited.
(viii) Primary entries and windows, rather than garage doors, must be the
dominant elements of the front facade.
(ix) Street-facing facades of attached buildings must incorporate
horizontal bays or vertical articulation to create a smaller, and
more individualized building image.
Such facades must maintain a rhythm of smaller buildings
consistent with the surrounding neighborhood.
(x) Interesting architectural details and features are encouraged to
provide layers of interest and variety.
(Xi) Garage doors must face alleys or be oriented away from the
primary street frontage.
16
(xii) Front doors, mailboxes, and windows to major rooms must face the
primary street. Walkways leading to the front door, separate from
the driveway, are encouraged.
(B) Multi-Family Residential Fenestration
(i) Buildings must provide fenestration on fagades facing primary and
secondary streets. Exposed, blank walls are prohibited.
(ii) Door and window shapes must be rectangular (and must be
vertically oriented), square, or Palladian. Round, hexagon, and
octagonal shapes are allowed only as accents.
(iii) Dormer windows are encouraged where appropriate to the
architectural style of the roof form.
(iv) The front door and porch elements, if applicable, must be the
dominant feature on the front fagade of the unit and must remain
consistent with the building's architectural style or character.
(v) All exterior doors, especially the front door, are encouraged to
have a variety of details including panels, windows, sidelights, or
transoms.
(vii) Doors and windows must be made of painted aluminum, wood,
vinyl or fiberglass. Clear glass is preferred, tinted glass is
acceptable; mirrored glass is prohibited.
(viii) Mill finish (non-colored) aluminum or metal door and window
frames are prohibited.
(ix) If a building has window shutters, they must be sized and shaped
to match the associated opening, and must be mounted against the
outside edge of the window. Window shutters must be either
louvered or paneled, and made of painted wood, metal, vinyl, or
fiberglass.
(x) Solid metal security gates, metal rolldown windows, and link/grill
security devices are prohibited in all windows and doorways.
(C) Multi-Family Residential Materials
(i) Wood or cement fiber siding/shake, stucco, and brick or stone
masonry are the preferred primary building materials for new
residential structures and additions. Use of locally-quarried stone
as an accent material is encouraged.
17
(ii) Cinder/concrete block, metal, plywood, unfinished pre-cast or
poured-in-place concrete are prohibited on any residential building
facades except for basement foundation walls between the first
floor sill plate and grade, where concrete, concrete masonry, brick,
stone or stucco is permitted..
(iii) Roofs, if sloped, must be clad in cedar wood shake, fiberglass
shingles, asphalt shingles, slate shingles, clay tile or other
recognized residential roofing material. Sheet or roll-type roofing
is prohibited.
(iv) When used, asphalt or fiberglass shingles with a "shadow
line" effect are encouraged, as long as they meet or exceed local
building codes.
(D) Multi-Family Residential Colors
(i) Natural tones/hues and traditional colors of the NNDA must be
used for the main portion of building facades and roof forms.
Neutral earth tones (beige to brown), shades of gray, traditional
colors (brick red, dark green, navy blue), or light, subdued hues are
also acceptable.
(ii) Contrasting and complimentary accent colors compatible with the
colors listed above, are acceptable for secondary or accent colors.
(iii) Primary colors, bright, or excessively brilliant colors are prohibited
but may be used sparingly for subtle trim accents.
(iv) Roof colors must complement the building's primary color. Roof
colors may be a natural finish. Galvanized steel is prohibited.
(E) Multi-Family Residential Projections
(i) Projected residential entrance features can take various forms, but
must remain consistent with the overall architectural character and
massing/form of the building.
(ii) Attached dwelling units must have street-facing, individual entries,
and porches along the primary frontage are required. Porches
should, wherever feasible, incorporate piers or columns that
complement the architectural character of the house. Piers should
be constructed of brick, decorative concrete masonry, wood, or
stone. Columns are encouraged to be constructed of painted wood,
although pre-fabricated fiberglass, aluminum or molded
18
cement/plastic fiber columns are acceptable substitutions. Decks
and garages must be located and oriented to the rear of the
structure.
(iii) Front doors must be a prominent and welcoming feature on the
primary street facade of the unit.
(iv) Porch handrails should be constructed primarily of painted wood,
wrought iron or painted aluminum to comply with South Bend
Building Codes. Perforated metal, stainless steel cables, and
unfinished metal mesh are prohibited
(v) Open bottoms of porches are prohibited. Porch bases must be
continuously skirted with a painted wood lattice panel, masonry,
concrete or similar material to the primary building.
(F) Multi-Family Residential Lighting
(1) Building lighting must be integrated into the design of the building
and reflect the character of the neighborhood.
(ii) Building lighting should be attached to the fagade of the building.
Uplights and floodlights that are not security lights on residential
buildings or facades are prohibited.
(iii) Building lighting must minimize glare and light intrusion on
adjacent residential properties.
(G) Multi-Family Residential Mechanical Equipment and Utilities
(i) Exposed mechanical equipment and utilities must be appropriately
screened from view whenever possible. Locating utilities
underground whenever possible is strongly recommended.
(ii) Exposed mechanical equipment must not be located along primary
and secondary street frontages.
(iii) Any rooftop mechanical equipment must be located in the center or
rear corner of a building, away from the primary street elevation.
(iv) Rooftop mechanical equipment must be screened by the roof form.
When the roof form cannot hide such equipment, a solid screen
must be constructed of materials similar to those of the primary
fagade.
19
(v) Vents, gutters, downspouts, flashing, electrical conduit, and other
appurtenances should be painted to match the adjacent surface
unless being used expressly as an accent material such as copper
flashing or gutters.
(vi) Satellite television dishes must be located according to this SBZO
and in the most discreet location possible.
(S) Multi-Family Residential Front Yard Landscaping
(A) Landscaping must maintain a park-like character and respect the integrity
of the NNDA.
(B) Landscaping should preserve and incorporate existing trees into the
overall design. Most mature existing trees often enhance the overall
character of the street and individual property. Whenever feasible, an
arborist/forester, or landscape architect should be consulted to determine
health, size, species, and safety issues related to preserving existing trees.
(C) Landscaping, including lawns and gardens, should harmonize with the
natural terrain and character of the area.
(D) Landscaping should include a variety of native plant materials that provide
interest in all seasons. Plant materials should provide seasonal interest to
add color, variety, and visual interest to the home throughout the year.
(E) Perennial plantings that provide a variety of seasonal bloom periods
should be incorporated, where feasible, into front yard planting schemes.
(F) Landscaping should respect and complement the architecture, especially
the front door, porch, windows, and steps. Plantings should not obscure
architectural elements or views to and from the street.
(G) Steeply-sloped yards should incorporate a slope retention element of either
a small retaining wall with steps as a transition to the sidewalk or ground
cover/low shrub massings.
(H) Front yards with slopes that do not require a retaining wall should be
landscaped with groundcovers or low shrub massings to help prevent
erosion and reduce maintenance.
(1) Decorative walls, low fences, and hedges should be used sparingly in the
front and side yard unless needed for grade transition purposes or designed
as part of an overall landscape concept or theme. When utilized,
decorative walls, fences, or hedges must not exceed four feet (4') in height
along the front and side property lines that face the streets.
20
( ) Wood and decorative metal are the preferred materials for residential
fencing. Fences should be considered an extension of the architecture of
the residence and should make a transition between the mass of the
architecture and the natural forms of the site.
(K) Decorative fences and hedges must be no greater than four feet (4`) in
height along the rear and side property lines that do not face the primary or
secondary streets.
(L) For urban townhome development, a single, unified decorative fence
design is encouraged for all units within a street block, Fencing of
individual urban townhome front yards is prohibited.
(6) Multi-Family Residential Parking And Service Areas
(A) Urban Townhome/Rowhome Residential
(1) Parking for all new urban townhome/rowhomes, must be in the
form of an off-street enclosed garage located at the rear of the
primary structure. All garages must comply with the setbacks
required by this SBZO.
(ii) Side-loaded garages accessible from primary or secondary street
frontages are permitted only when alley access to garages is not
practical.
(iii) Garages that have ingress or egress from the front of the property
or the primary street are prohibited.
(iv) Single-story garages must have a minimum five foot (S') setback
(apron) from the rear property line to accommodate vehicle turning
movements. Garages greater than single story must have a 1
minimum eight foot (S') setback. h
el
(v) Garage setbacks must include paved locations for trash cans if cans
cannot be stored in the garage.
Ic
(vi) Garages that have ingress or egress from rear alleys may ra
incorporate double-car doors. No more than one (I) double or two
(2) single garage doors are permitted to face any street.
(vii) Garages must incorporate hipped or gabled roof types that
complement the roof type of the primary building. Where
appropriate to the design, dormers may be included.
21
(H) Commercial/mixed-use buildings must maintain a minimum commercial
facade height for the first floor retail of fifteen feet (15'). Floors above
grade level retail should generally be massed and scaled to maintain a
twelve foot (12') floor-to-floor height.
(1) Minor green buffer setbacks and landscape opportunities are appropriate
for commercial/mixed-use buildings as part of an overall development.
(J) Gaps between buildings that interrupt the streetwall are strongly
discouraged except for pedestrian pathways and service alleys within long
blocks. Such paths should link the primary streets to parking areas and
public spaces located behind buildings, and be no greater than fifteen feet
(15') wide.
(K) The number of spatial gaps created in the streetwall by parking, delivery
access, or other non-pedestrian areas should be limited or eliminated.
(L) Free-standing, single-story commercial or "outlot" buildings are
prohibited. If a freestanding, single-story commercial building is
permitted through the variance process, the building must have high
ceilings that create a greater feeling of enclosure along the street. Any
single-story commercial/mixed-use building must be at least twenty-two
feet (22') in height.
(M) Any free-standing, single-story commercial buildings should be placed as
close to streets or other retail buildings as feasible. Pedestrians should be
able to easily travel between buildings within the Mixed Use zoned area
on clearly defined pedestrian paths, not parking lots or driveways.
(N) All sides of any free-standing single-user "outlot" retail buildings must be
designed and detailed to the same level with similar materials and details.
(0) Large, multi-tenant commercial or mixed-use buildings must incorporate
roof forms, articulation, and facades to accentuate a smaller unit/building
massing similar to the character of the surrounding NNDA.
(P) Multi-story mixed-use buildings must not have a continuous uninterrupted
facade greater than sixty feet (60') in height or length.
(Q) Above first-floor retail, multi-story mixed-use buildings should be stepped
back where appropriate to provide interest and avoid monotony in the
streetwall.
(R) Upper floor residential/office uses are required to provide facade or roof
form articulation along with building fenestration changes to accentuate
the mixed-use character of the building.
25
planters and/or other elements b
that reduce building scale and add visual
sual
(C) Commercial or mixed-use buildings with ground level retail or oce
space must, whenever possible, include open, clear glass windowsfto
allow views into building interiors. Tinted or reflective glass is rohibi
p ted.
(D) Buildings must have consistent window expressions visible
street. Large expanses of glass curtain walls are prohibited. from the
(E) Storefront windows must be constructed of painted or clad w
and clear glass. Ornamental or extruded metal shapes are°dermitt dI
however, typical aluminum-style storefront en p '
discouraged. try and glazing systems are
(F) Where possible, display windows should be installed on the sides and rear
of buildings adjacent to pedestrian paths, plazas, outdoor cafes, and
parking lots.
(G) Dormer windows in multi-story buildings are encouraged.
(H) Solid metal security gates, metal roll-down windows, and link or grill
security devices are prohibited in new mixed-use commercial or renovated
existing commercial properties.
(7) Commercial/Mixed Use Building Materials
(A) To ensure and enhance architectural interest throughout the "Mixed Use"
zoned area of the NNDA, the use of various materials and colors is
encouraged, but must be compatible with adjacent existing buildings
(B) Materials that complement the existing character of the nei hborhoa
such as wood siding and brick/stone masonry, are encouraged. g d,
(C) Wood, brick, stone, stucco accents, and glass are the preferred Primary
building materials palette for commercial structures. New construction and
major rehabilitations must be primarily constructed of these high-quality
materials. They should be used on all commercial facades, including
fronts, sides and rears of buildings that are visible from the streets and
parking areas.
(D) Concrete block, stucco metal ]
, Plywood, exterior insulation finishing
systems, unfinished pre-cast concrete, or poured-in-place concrete are
prohibited on commercial mixed-use building facades or on walls that are
visible from streets, sidewalks, and parking areas.
29
(E) Bricks used on visible commercial/mixed-use facades must not be larger
than a standard brick (4"x2"x8"). "Queen," "jumbo," or other commercial-
grade/scale bricks, while appropriate for some newer commercial
buildings, should be used sparingly.
(F) Decorative block, "renaissance stone", smooth/textured synthetic plaster,
and wood trim should be used only for decorative accent purposes and
limited in their use on building facades and visible walls.
(G) Roofs, if sloped, must be clad in cedar shake wood, fiberglass, asphalt
shingles, tile, or real/synthetic slate.
(H) Mill finish (i.e., non-colored) aluminum or metal window and door frames
are discouraged.
(1) Windows and doors must be made of painted aluminum, or wood, or clad
wood. Clear or shaded glass is acceptable; dark or reflective glass is
prohibited.
(J) Window detailing such as muttons or mullions are encouraged where
integrated into the building design.
(K) Wood and decorative metal are the preferred materials for fencing around
parking and screening areas. Fences should be considered an extension of
the building architecture and should make the transition between the mass
of the architecture and the natural forms of the site.
(8} Commercial/Mixed Use Building Color
(A) Natural colors and colors complementary or found in the NNDA's existing
color palette must be used for the main portion of building facades and
roof forms. Neutral earth tones (beige to brown), shades of gray,
traditional colors {brick red, dark green, navy blue), or light, subdued hues
are acceptable.
(B) Contrasting colors which are compatible with the colors listed above, are
acceptable for secondary or accent colors.
(C) Primary colors, bright, or excessively brilliant colors are prohibited unless
used sparingly for subtle trim accents or as part of a historic building
renovation project.
(D) Roof colors should complement the building's primary color. Roof colors
should be a natural finish, and should provide a "shadow effect."
30
(9) Commercial/Mixed Use Building Projections
(A) Building entrances must be visible from the street, well-lit, and easily
accessible. Architectural elements, canopies, and lighting must help to
identify entrances, not screen them. Main commercial/retail entrances
should be emphasized with larger doors, door/window combinations,
overhangs, recesses, unique roof forms, arches, accent colors, or
architectural details.
(B) Building projections should be pedestrian-scale, proportional to the
building facade and commercial base, and relate to adjacent structures.
Building projections which obscure or conceal important architectural
elements are discouraged.
(C) Building mounted lighting should be carefully integrated into the
design/style of the building and streetscape.
(D) There must be no exposed undersides of balconies visible from the
streetscape.
(E) Pedestrian pass-throughs, arcades or paseos, and other like permanent
architectural features must be finished on all their surfaces with the same
quality and types of materials described in these guidelines.
(F) Building awnings design and colors should be consistent and
complementary in color and style within the overall building fagade and
adjacent buildings.
(G) Awnings should be constructed of a metal armature with a sunbrella or
similar high-quality awning material canvas or vinyl membrane.
Retractable and internally lit awnings are prohibited.
(H) A standard clear awning height must be eight and a half feet (8'6") above
the sidewalk.
(10) Commercial/Mixed Use Building Lighting
Typical building-mounted accent lighting may serve a number of purposes. As the
illustration below shows, appropriate lighting may:
(A) Define entries.
(B) Wash walks with indirect light.
(C) Light signage elements.
31
(D) Highlight prominent architectural features.
i
L
.,St4
, 7'`u MpI
1
J
L,
7yy al iruild ng-mounted:taen:iigh�rg.
(1 l) Commercial/Mixed Use Mechanical Equipment and Utilities
The location of ground level and rooftop mounted mechanical equipment is
important to maintaining and enhanenig the visi.iai quality of commercial/mixed-
use areas.
(A) Exposed mechanical equipment and utilities must be hidden from view
whenever possible. Locating utilities underground whenever possible is
encouraged.
(B) Exposed mechanical equipment along primary and secondary street
frontages is prohibited.
(C) Rooftop mechanical equipment must be located in the center or rear corner
of building, away from the primary street elevation viewshed.
(D) Rooftop mechanical equipment must'be screened by the roof form. When
the roof form cannot hide such equipment, a solid screen must be
constructed of materials similar to those of the primary facade. Perforated
or louvered screens may be used, however, noise levels emanating from
mechanical equipment must meet City of South Bend Noise Ordinances
for Residential Occupancies. Noise level readings must be taken at the
nearest residential use.
(E) Whenever possible, commercial buildings should have interior downspout
and gutter systems. Exterior downspouts and gutters are allowed, if
installed with decorative scuppers and downspouts. Rainwater discharge
must be drained away from pedestrian areas and according to South Bend
Municipal Code.
32
(F) Vents, gutters, downspouts, flashings, electrical conduits, and other
appurtenances must be painted to match the adjacent surface unless being
used expressly as an accent material.
(G) In new developments, window-mounted air conditioners are prohibited.
Wall or in-wall mounted air conditioning condensing equipment is
prohibited facing streets or pedestrian. ways.
(l 2) Commercial/Mixed Use Decorative Fencing
(A) Fencing around parking and service areas must be provided as specified
elsewhere in this SBZO.
(B) Decorative fencing should be consistent in color and style throughout
commercial areas of the NNDA. Wood, chain-link, and barbed-wire
fencing is prohibited.
(C) Decorative metal fencing three to four feet (Y-41) in height is encouraged.
Black, powder-coated aluminum, painted wrought-iron or similar
commercial-grade fencing is recommended.
(D) In lieu of fencing, decorative three foot (Y) height masonry walls may be
used in conjunction with landscaping to provide screening. Decorative
masonry walls must incorporate the same or complementary materials and
detailing as adjacent buildings and streetscape.
33
Y.y.
3Rg�j1 .
t x�'
Existingseat wall and landscape ptanter in 2;ang Vichigan 2met im 5n.:d;h Send.
(13) Commercial/Mixed Use Outdoor Cafes and Seating Areas
(A) Outdoor cafes and seating areas, which vitalize and activate the
streetscape throughout the day and evening, must allow at least six feet
(6') of sidewalk space and must not inhibit or impede safe and accessible
pedestrian circulation. They must be placed in unobtrusive locations
along the street/curb side and in open spaces such as front setbacks and
plazas.
(B) Sidewalk cafes must obtain a seasonal permit from the City of South Bend
by demonstrating a need and site plan to accommodate City codes and
these guidelines.
(14) Commercial/Mixed Use Landscape Guidelines
The following landscaping guidelines must serve as a continuation and
supplement to the provisions of Section 21-07.01 Landscape Regulations in this
SBZO. The aforementioned provisions specify the landscape requirements that
property owners must meet or exceed. Beyond these general landscape
requirements, businesses and residents should design and maintain landscaping
that reflects the unique qualities of the NNDA's residential and
commercial/mixed-use areas.
(A) Parkway Plantings
All plantings within the parkway must obtain approval of the South Bend
Board of Public Works.
(i) Tree lawn plantings and plant palette should be consistent along
streets, and follow City ordinance requirements. Plantings in the
right-of-way and adjacent setbacks should complement each other
in character, design, and quality. Plantings are encouraged to
exceed minimum size requirements at installation in order to create
a more mature landscape character.
34
(ii) Commercial/mixed-use tree lawns and other landscaped areas are
strongly encouraged to be fully irrigated.
(iii) Open spaces may be designed with natural native landscape
material that is low-maintenance.
(iv) if pedestrian space allows, new commercial/mixed-use
developments and rehabilitations should consider enhancing
landscaped areas with raised planters that include trees, low
plantings of seasonal interest., shrubs, and perennials..
(v) When planting trees in areas of limited pedestrian space, the trees
must be planted in appropriately-sized and drained tree pits with a
cast-iron tree grate that is flush with the sidewalk grade.
(vi) Where feasible, and to ensure the survivability of plantings,
enlarged tree pit areas should be developed or consolidated into
larger planting areas.
(vii) Where possible, trees should be placed or trimmed to allow views
of storefronts and signs. All tree lawn plantings should maintain
nine feet (9') of clearance from sidewalk to bottom of canopy at the
time of planting.
(viii) New commercial/mixed-use buildings, as well as renovated
existing buildings, may be set back from the property line or right-
of-way up to five feet (5') to provide additional landscape, or
combination landscape/hardscape, around all sides of the building.
This additional setback is to be used for landscaping or additional
pedestrian/seating area.
(B) Parking Areas
(i) New development must meet or exceed parking and vehicular area
landscaping requirements' set forth in South Bend's Zoning
Ordinance.
(ii) Existing buildings being renovated or rehabilitated must upgrade
parking and vehicular area plantings to meet or exceed South
Bend's Zoning Ordinance.
(iii) Where possible, landscaped parking islands should be consolidated
to provide additional planting opportunities and increase
survivability.
35
(iv) Parking area landscaping should not block or interrupt driving and
pedestrian sight lines
(v) Parking area landscaping should not create "dark pockets" or other
insecure spaces.
(vi) Parking areas should incorporate native, salt-tolerant plant species.
(15) Commercial/Mixed Use Off-street Parking and Service Areas
(A) Off-street parking and service area design must conform to this SBZO for
sizing, spacing, landscaping, and location.
(B) Parking and service areas must be located at the rear of the building. With
the exception of on-street parking, parking and service areas that front
primary and secondary streets are prohibited.
(C) Parking and service areas should be located and designed to minimize
interference with pedestrian access and connections to the surrounding
neighborhood.
(D) Parking areas located between primary retail streets and residential areas
must be buffered with landscaping, fencing, or architectural elements to
facilitate pedestrian circulation between uses. Physical transitions between
uses and buildings should be as seamless as possible.
(E) Service and loading areas for commercial buildings should be located as
far as possible from primary entrances to upper-floor residential units and
free-standing residential buildings.
(F) Dedicated parking for individual businesses is prohibited, with the
exception of drop-off/pick-up type service businesses, which may provide
one dedicated space per business, during business hours. Shared parking
is required to minimize the visual impact of land devoted to parking, and
to provide more efficient, day-long parking during and between peak
periods.
(G) Parking areas for separate but adjacent' development parcels should be
physically linked with no grade separation to allow efficient internal
parking circulation.
36
is
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www 1" RED
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4 ..
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CIMMPt,ak th 4W4 Zl.utr 6M prefrrred b0d-Ig 11.4aiq ano=arriFS ZMI iUutws.
(H) Large, expansive parking areas are prohibited. Parking areas should be
broken into smaller "cells" or "pods" that are defined by buildings,
landscaping, and pedestrian paths
(l) Parking areas for commercial/mixed-use buildings should be located at
least fifteen feet (15') from all building fagades. A two-and-a-half foot (2-
1/2x) car overhang, five foot (5) sidewalk, and landscaping should be
incorporated into this area.
(J) Where alleys are used in a commercial/mixed-use area as a means for
access to and from parking areas, they should be designed in an efficient
and attractive manner. Alleys should be easily recognizable by motorists
as an alley and not a local street. Such alleys must be at least eighteen feet
(l8') wide.
(K) Attractive materials and design features should be used to minimize the
"hard" appearance of driveways and parking lots.
(L) The use of decorative paving is encouraged and should be used to
delineate pedestrian crossings and parking access points within parking
lots.
37
(M) Parking areas for commercial/mixed-use buildings should be adequately
lit,but should minimize glare on surrounding properties.
(N) Trash and waste containers must be located within enclosures that provide
year-round screening or along alleys.
(0) Curb-cuts for corner commercial/mixed-use buildings must be located as
far as possible from major intersections.
(P) Curb-cuts should be consolidated, whenever possible, to limit excessive
turning movements onto primary and secondary streets, and maximize on-
street parking.
(Q) Where applicable, curb-cuts should be placed to maximize the number of
on-street (curb)parking spaces.
x i
NOT ALLOWED
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PREFERRED
C-dot an of c_6-euu promote;cafe and anagewert
(R) Landscaping, fencing, and architectural elements should be used to screen
parking and service area views from sidewalks and buildings.
(S) Service areas should be screened from view with landscaping, solid
fencing, or walls made of solid masonry materials that provide screening.
(T) Accessibility and Maintenance
(i) Access to parking and service areas should be clearly marked from
primary and secondary streets. Parking areas should have clearly
defined routes to facilitate circulation through the site.
(ii) Parking areas should have clear and convenient access for
employees and visitors from primary and secondary streets. Access
to buildings should be clearly visible and accessible from all
parking and service areas.
(iii) Shared, mid-block access points between adjacent parcels are
strongly encouraged to minimize the number of curb-cuts and
internal roadways.
38
(iv) Parking curb-cuts should be minimized with shared access points
for multiple businesses.
(v) Parking and service areas should be designed to accommodate
snow removal and storage in relationship to pedestrian paths,
landscape areas, and open spaces.
{t) Signs
(1) Project Signs
The permanent Project Signs (i.e., wall signs, projecting signs and suspended
blade signs) regulated by this sub-Section, are those signs which refer to or
identify a project as a whole and do not provide information regarding any
individual tenant or use within a project.
(A) Building Mounted Project Identification Signs
Due to the limited setback proposed for buildings in "Mixed Use" zoned
area, in order to create a pedestrian oriented design, limited space is
available for traditional free-standing, ground mounted identification
signs. Therefore, unique building mounted identification signs are
necessary to identify the overall project. Such building mounted
identification signs must comply with the following regulations:
(i) Type of Signs
Building-Mounted Project Identification Signs may be:
(a) Wall Signs (Parapet Signs or Fascia-Mounted Signs);
(b) Projecting Signs (Grand Marquee Signs or Blade Signs);
(c) Suspended Blade Signs (which may include pin-mounted
letters attached above or below the suspended blade)
located over major entry ways into a building or a parking
garage; or,
(d) Banner Signs (Fascia-Mounted Banners).
(ii) Size of Signs:
(a) Wall Signs (Parapet Signs) must not exceed forty (40)
square feet.
39
(b) Projecting Signs (Grand Marquee Signs) must not exceed
eighty(80)square feet.
(c) Wall Signs (Fascia Mounted Signs) must not exceed twelve
(12) square feet.
(d) Projecting Signs (Blade Signs) must not exceed twelve (12)
square feet.
(e) Suspended Blade Signs (which may include pin-mounted
letters attached above or below the suspended box) located
over major entryways into a building or a parking garage
must not exceed forty-eight(48) square feet.
(f} Banner Signs (Fascia-Mounted Banners) must not exceed
one hundred (100) square feet in area. Furthermore, such
banner signs must also comply with the following
regulations:
• Spacing
Banner Signs (Fascia-Mounted Banners) may be
distributed evenly across a building fagadc or may
be combined into groups of two (2), three (3) or
four (4) such signs located in an manner which
complements the architectural elements and rhythm
of a building facade;
• Height
The lowest portion of any Banner Sign
(Fascia Mounted Banner) must be not less than
eighteen (18) feet above grade;
• Configuration and Placement on Buildings
All Banner Signs (Fascia-Mounted Banners) located
on a building:
o must be of the same dimensions; and,
o must be placed at the same relative height;
(B) Street Light Pole Banners
Banner Signs are permitted on street light poles located in the right-of-way,
subject to the following regulations:
40
(i) Mounting
Street light pole banner signs must be mounted to the light poles
with upper and lower horizontal supports;
Configuration and Placement on Street Light Poles
All individual street light pole banner signs:
(a) must have a minimum height of not less than nine feet (9)
above finished grade;
(b) must be of the same dimensions; and,
(c) must be placed at the same relative height and location on
all street light poles.
(iii) Maximum Individual Sign Surface Area
Individual street light pole banner signs must not exceed the
maximum dimensions of three feet six inches (Y 6") in width by
eight feet(8) in height.
(iv) Number
Each street light pole may contain two (2) banner signs oriented
perpendicular to the street. A street light pole located at an
intersection of two (2) streets may contain up to four (4) banners,
provided no more than two (2) banner signs may be oriented
perpendicular to any individual street; and,
(v) Content
Street light pole banner signs are permitted to:
(a) provide decoration to the streetscape;
(b) identify the Northeast Neighborhood;
(c) announce special events or seasons to be celebrated in the
Northeast Neighborhood, the City of South Bend, or at the
University of Notre Dame, the Indiana University School
of Medicine, and Innovation Park at Notre Dame; and
(d) include the names and logos of sponsors or product images.
41
(2) Individual Signs
Individual Identification Signs are signs which identify an individual tenant, use or
multi-family residential complex.
(A) Building identification signs are permitted for all individual commercial
uses and for multi-family uses located in a mixed-use building.
(i) Type of Signs
Building identification signs may be:
(a) Wall Signs (Panel Signs, Pin-Mounted Signs or Painted
Signs);
(b) Projecting Signs (Grand Blade Signs);
(c) Projecting Signs (Blade Signs);
(d) Awning Signs;
(e) Canopy Signs (which may include pin-mounted letters
attached above or below the canopy edge);
(f) Suspended Signs (Arcade Signs);
(g) Window Signs; or,
(h) Menu Box Wall Signs (restaurant uses only). Menu boxes
should be approximately eighteen inches wide by twenty-
seven inches tall by three inches deep (1$"x27x3") and
covered with vandal-resistant glass/lexan plastic. Menu
boxes should be mounted approximately fifty-two inches
(52") from the sidewalk to the bottom of the box.
(ii) Location of Signs
Signs may be placed at any location on the fapade without regard
to whether the sign is an "upper level sign" or a "lower level sign".
(iii) Number of Signs
There must be no more than:
(a) One (1) Wall Sign (Panel Sign, Pin-Mounted Sign or
Painted Sign) or one (1) Projecting Sign (Grand Blade
Sign) per street, interior access drive or pedestrian way
frontage of a tenant space, provided that any tenant space
42
which contains over ten thousand (10,404) square feet of
gross leasable floor area on the same floor may qualify for
one (1) additional sign per street frontage of the tenant
space;
(b) Two (2) Projecting Signs (Blade Signs) per street frontage
grade level entrance to a tenant space;
(c) One (1) Awning Sign per street frontage grade level
storefront window;
(d) One (1) Awning Sign or one (1) Canopy Sign (which may
include pin-mounted letters above or below the canopy) per
street frontage grade level entrance to a tenant space;
(e) One (1) Suspended Sign (Arcade Sign) per street frontage,
grade level entrance to a tenant space;
(f) One (1) Window Sign per street frontage grade level
window panel or glazed entry door;
(g) One (1) Menu Box Wall Sign per street frontage grade level
entrance to a restaurant tenant space.
(iv) Maximum Sign Surface Area
(a) Wall Signs (Panel Signs, Pin-Mounted Signs or Painted
Signs) must not exceed forty-five (45) square feet.
(b) Projecting Signs (Grand Blade Signs) must not exceed
forty-five(45) square feet.
(c) Projecting Signs (Blade Signs) must not exceed ten (10)
square feet.
(d) Awning Signs must not devote more than sixteen (16)
square feet of surface area per awning to signage.
(e) Canopy Signs (which may include pin-mounted letters
attached above or below the canopy edge)
The total sign surface area of a sign on or attached to a
canopy must not exceed forty-five(45) square feet.
(f) Suspended Signs (Arcade Signs) must not exceed five (5)
square feet.
43
(g) Window Signs must not exceed twenty-five percent (25%)
of the total store front window area of the tenant space on
which the sign is located.
(h) Menu Box Wall Signs must not exceed six (6) square feet.
(v) Multi-family residential uses, when located in a mixed-use
building, must be permitted signs as an individual commercial
tenant and must be permitted building identification signs, as
regulated in sub-Sections (i), (ii), (iii) and (iv) above, in proximity
to each grade level entrance into the multi-family residential
portion of a building. This provision must not be construed to
allow building identification signs for each individual dwelling
unit, but rather to allow signs for the entirety of the dwelling units
located within such mixed-use building.
(vi) Individual Commercial Use or Multi-family Residential Use
Identification Signs not specified above are regulated by Section 21-
07.03 (e) (2) and Section 21-07.03 (e) (4) of the Sign Regulations
for On-Premise Signs: MU & CBD Districts.
(3) Incidental Signs
Incidental Signs are permitted in compliance with the regulations for incidental
signs set forth in Section 21-07.03 (e) (3) On-Premise Signs: MU & CBD
Districts of this SBZO.
(4) Directional/Promotional Signs.
(A) Arcus Advertising Kiosks
(i) Kiosks may be located within the public right-of-way.
(iii) Kiosks may contain up to four (4) sides.
(iii) The maximum sign surface area of a kiosk must not exceed
twenty-four (24) square feet per side.
(B) Pole Mounted Wayfinding Signs
(i) Pole-Mounted Wayfinding Signs must be located within the
sidewalk area of the public right-of-way.
(ii) The Maximum Sign Surface Area of a Pole-Mounted Wayfinding
Sign must not exceed sixteen. (16) square feet per side of each pole.
(iii) Minimum Height Above Grade
44
(6) Additional Regulations
(A) Awnings and Canopies
In addition to the regulations above, Awnings and Canopies must maintain
a minimum height of not less than eight feet - six inches (8' - 6") above
finished grade.
(B) Projecting Signs (Grand Blade Signs)
In addition to the regulations above, Projecting Signs (Grand Blade Signs)
must maintain a minimum height of not less than nine feet (9') above
finished grade and must not project above the roof line.
(C) Projecting Signs (Blade Signs)
In addition to the regulations above, Projecting Signs (Blade Signs) must
maintain a minimum height of not less than ten feet (10') above finished
grade.
(D) Suspended Sign (Arcade Sign)
In addition to the regulations above, Suspended Signs (Arcade Signs) must
maintain a minimum height of not less than eight feet - six inches (8' - 6")
above finished grade.
(E) Maximum Projection from Buildings
The maximum projection from a building for any awning, canopy,
projecting sign or suspended sign must not exceed eight feet (8') from or
beyond its supporting building and must not project beyond any walkway
adjacent to the building.
(F) Signs over Public Rights-of-Way
Encroachment over pubic rights-of-way for any sign or structure are
permitted, subject to the approval of the City of South Bend Board of
Public Works. Once approved by the Board of Public Works, a sign face
may be changed and maintenance may be performed on the structure
provided that there is no change to the size, location or extent of
encroachment into the public right-of-way.
46
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City Limits
NNDA
St Joseph River
Division of Community Development,City of South Bend,IN,
NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA (NNDA) June,2010
Feet®
OVERLAY ZONING DISTRICT o 275 550 1,100 1,660 2,200 NORTH Jeff Vitton
Section IT.
47
Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and
supplemented by applying the NNDA Overlay District to the following described property:
Beginning at the intersection of the centerlines of the East Race and LaSalle Avenue;thence East along
said centerline of LaSalle Avenue to a point 110 feet West of the West right-of-way line of Niles Avenue;
thence North 159.25 feet;thence East 110 feet to the West right-of-way line of said Niles Avenue; thence
Easterly to the Northwest comer of Lot 71 in the Original Town of Lowell; thence East along the North
line of said Lot 71 to the centerline of the first North-South alley East of Niles Avenue; thence North
along said centerline of said Alley to the centerline of Madison Street;thence East along said centerline to
the centerline of Hill Street; thence South along said centerline to the centerline of LaSalle Avenue;
thence East along said centerline to the West right-of-way line of Frances Street; thence South along said
West right-of-way line to the North right-of-way line of the First East-West alley South of LaSalle Street;
thence West along said North right-of-way line to the West right-of-way line of the First North-South
alley West of Frances and its projection North; thence South along said West right-of-way line and its
projection to the centerline of Colfax Street;thence East along said centerline to the centerline of Eddy
Street; thence North along said centerline to the centerline of LaSalle Street;thence East along said
centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of
Rockne Drive; thence Northeasterly along said centerline to the East right-of-way line of Twyckenham
Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded
Estates as shown in the Office of the Recorder of St.Joseph County, Indiana;thence Northeasterly along
the Southeast lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive;
thence Northeasterly to the Southwesterly corner of Lot 35 in said Wooded Estates; thence Northeasterly
along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly
right-of-way line of Black Oak Drive; thence Northeasterly to the Northwest coiner of Lot 48 in said
Wooded Estates; thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak
Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the
East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said East line
and its projection to the Northeast corner of said Lot 5; thence West to the East property line of a parcel
of land owned by Patrick and Josephine Simeri; thence North to the Northeast corner of said Simeri
parcel; thence West along the North line of Simeri parcel to the Northwest corner of said Simeri parcel;
thence South along the West line of said Simeri parcel to a point 208.71 feet North of the South line of the
Southeast Quarter of Section 31,Township 38 North, Range 3 East, St. Joseph County, Indiana; thence
West parallel with said South line, a distance of 208.71 feet;thence North to the Northeast corner of the
Jamison Inn Condominium; thence West along the North line of said Jamison Inn Condominium to the
centerline of Ivy Road; thence South along said centerline of Ivy Road to the North right-of-way line of
Edison Road; thence Westerly, Southwesterly and Westerly along said North right of way line of Edison
Road and changing to Angela Boulevard to the Southwest corner of a parcel of land having Tax Key
Number 18-5123-4392.03 in records of the St. Joseph County Auditor's Office;thence North along the
West property line of said Tax Key Number 18-5123-4392.03 to the centerline of the now vacated Angela
Boulevard; thence Southwesterly along said centerline of the now vacated Angela Boulevard to the
centerline of Notre Dame Avenue; thence West along the centerline of Angela Boulevard to the West line
of Lot 95 University Heights as shown in the Office of the Recorder of St. Joseph County, Indiana
projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest
corner of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the
centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street;
thence West along said centerline to the centerline of Niles Avenue; thence Southeasterly along said
centerline to the centerline of Corby Street; thence East along said centerline to a point 120 feet West of
the first North-South alley East of Niles Avenue projected North; thence South,to a point 150 feet South
of the South right-of-way line of Corby Street; thence East parallel with said South right-of-way line to
the West right-of-way line of said first North-South alley East of Niles Avenue; thence South along said
West right-of way line, a distance of 222 feet; thence Southwesterly,a distance of 260;82 feet; thence
48
Northwesterly, a distance of 85 feet; thence Southwesterly, a distance of 222 feet to the Northeasterly
right-of-way line of Niles Avenue; thence Northwesterly along said right-of-way line, a distance of 312
feet; thence Northeasterly, a distance of 199.95 feet; thence Northerly, a distance of 141.54 feet to a point
378.66 feet West of said first North-South alley East of Niles Avenue to a point on the South right-of-way
line of Corby Street; thence West along said South right-of-way line and its projection West to the East
shore of the St. Joseph River;thence Southerly along said East shore to the intersection with the
centerline of the East Race; thence Southeasterly along said centerline to the place of beginning
containing 647.22 acres more or less.
Section 111.
This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Member of the Common Council
Attest:
�P3
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
,201 1, at o'clock m.
City Clerk
Approved and signed by me on the day of , 2011, at
o'clock M.
Mayor of the City of So u h Bend, Indiana
�ted �n Clerks
��� Zip;r
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f:: 49 SOUTH 131id®,�� p
4
February 7, 2011
TO: Area Board of Zoning Appeals
From: Wightman Petrie, Inc.
412 S. Lafayette Blvd.
South Bend, fN 46601
574-232-4388
Property Owners:
The City of South Bend Redevelopment Commission
1200 County City Bldg.
South Bend, IN 46601
And
The City of South Bend Park Department
321 E. Waiter Street
South Bend, IN 46619
Property Location: 501 West South Street, South Bend, 46601,
Wightman Petrie, Inc. on behalf of the City of South Bend Redevelopment Commission and the
City of South Bend Park Department is requesting a special use exception for the above
mentioned property. The properties are currently zoned Central Business District, Mixed Use
District, and General Business District, in Portage Township.
The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare because the proposed expansion to the existing
Stanley Coveleski Stadium will enhance the current site conditions. This expansion will allow
for future development making the downtown area a more attractive place for people to visit.
WI G HTMA ETRI E
SURVEYING ENGNEERING PNVIRONMENTAL LANDSCAPE ARCHMECTURE
i AP
Jeffrey S.Birnns,PLS Matthew i Glass,PE
Area Board of Zoning Appeals
February 7, 2011
Page 2
The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein because the special use exception will make the area more inviting to the general
public.
The proposed use will be consistent with the character of the district in which it is located and
the land uses authorized therein. The use in this particular quadrant of the City has historically
been light industrial, retail and office space. This special use exception will not negatively
impact this area. The special use exception will further enhance this area.
The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan. The area is in the downtown district. The special use exception will bring
more foot traffic to the downtown area. The anticipation would be that more traffic would
generate more revenue for the local business in the downtown district as well as more
attendees for the Coveleski Stadium. This special use exception is intended to engage a larger
population of people in the downtown area. The thought would be that this would be an
attraction that may draw people who would otherwise not come to the downtown area,
Respectfully Submitted,
David M. Raf ins ki
Vice President
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT: 501 W. South Street
South Bend,IN 46601
WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at: 501 W. South Street, South Bend, IN
46601.
in order to permit expansion of the existing Stanle y Coveleski Regional Stadium
SECTION II.Following a presentation by the Petitioner, and after proper public hearing,the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards,convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
Filed In Clerk's, * �
} FEB 0 - Lb,
JOHN aot^a;oc
t
February 7, 2011
TO: Area Board of Zoning Appeals
From: Wightman Petrie, Inc.
412 S. Lafayette Blvd.
South Bend, IN 46601
574-232-4388
Property Owners:
The City of South Bend Redevelopment Commission
1200 County City Bldg.
South Bend, IN X46601
And
The City of South Bend Park Department
321 E. Walter Street
South Bend, IN 46619
Property Location: 501 West South Street, South Bend, 46601,
Wightman Petrie, Inc. on behalf of the City of South Bend Redevelopment Commission and the
City of South Bend Park Department is requesting a special use exception for the above
mentioned property. The properties are currently zoned Central Business District, Mixed Use,
and General Business District in Portage Township.
/Respectfully mi
l
David M. Rafinski
Vice President
WIGHTMA ETRIE
SURVEYING ENGINEERING ENVIRONMENTAL. LANDSCAPE ARCHITECTURE
Kenneth K Jones,PLS Mark E Wilson,PE Cfiris Chockley,ASLA,LEED AP
Kenneth K.Jon
Peter H,Schnaars.KS Nicholas E),LaCroix,PE,PTOE
Jo5hoaW.Weaver,PE Christopher J.BrayzA,AIA
Deneau,PE MS
IWIMOVIS I)IMBAOD
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oats County Parcels
Roc PARCELID NAME-1 MAILINGAD MAILINGCIT MAf MAILIIY PROP—ADD PROP CITY PR PROP ZiP
D LIN GZIP R OP
SOUTH
BEND
REDEVELO
PMENT
018-3013- COMMISSIO 1200 County LOT 5&6
1 0488 N City Stdg South Bend IN 46601 FRANKLIN South Bend IN 46601
227 W
CITY OF Jefferson
0183012- SOUTH Blvd Ste 501
20426 MEND 1200 South Bend IN 46601 WESTERN South Bend IN 46616
333
018-3009- GMS P O Box LAFAYETTE
3.0311 REALTY ING 4056 South Bend IN 46634 (LOT 408) South Bend IN 46601
SOUTH
BEND
REDEVELO
PMENT
018-3013- COMMISSIO 1200 County
40501 N City Bldg South Bend IN 46601
SOUTH
BEND
REDEVELO
PMENT
018-3013- COMMISSIO 1200 County
5 0502 N City Bldg South Bend IN 46601
CITY OF
SOUTH
BEND
016-3013- STATE OF 1200 County
6:0467 INDIANA City Bldg South Bend IN 46601 WILLIAMS South Bend IN 46614
ENTERMtSS
ION INC FICA
018-3013- KO OP 65 630E
7 0457 ING University Dr Granger IN 46530 408 TAYLOR South Bend IN 46616
8 0
ZION HILL
MISSIONAR
Y BAPTIST
016-3015- CHURCH 1 3 10 Monroe 310
9;0544 1INC St South Bend IN 1 46601 MONROE South Bend IN 46628
018-3012- CMS 333
10 0452 REALTY INC Po Box 4056 South Send IN 46634 WESTERN South Bend IN 46601
KENTUCKY
018-3012- DATA LINK Alin;Anthony Overland
11 041201 INC Cande[arlo Park KS 66214 318 TAYLOR South Bend IN 46601
CITY OF 227 W
018-3009- SOUTH Jefferson
120308 BEND Blvd South Send IN 46601
UNION
STATION 6561
018-3043- PROPERTIE Lonewoy Or, 13208
13 185902 S L P Suite#100 South Send IN 46628 SOUTH 46625
STUDEBAK 18 VAC LOT
018-3018- ER CENTER 22 E Jackson STUDEBAK
14 4652 LLC St Phoenix AZ 85004 ER SCHOO South Bend IN 48617
STUDEBAK
ER CENTER
LLCSEE 2930 E 18 VAC LOT
018-3018- TRANS Carnefback ON SOUTH
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
March 3, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of South Bend Parks Department
501 W. South Street
ABZA 3/2/2011
Dear Council Members:
The above referenced petition of the South Bend Parks Department and Department of Redevelopment
was legally advertised on February 19, 2011. The Area Board of Zoning Appeals gave it a public hearing
on March 2, 2011, at which time the following action was taken:
Upon a motion by Mr. Mr. Velleman, being seconded by Mr. Mr. Young and unanimously carried,
the petition for Special Exception for the expansion of the Coveleski Regional Stadium, on
property located at 501 W. South Street, is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above
decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be
made part of this report.
Sincerely,
Charles C. Bulot, C.B.O., C.F.M.
Building Commissioner
CCB/cah
BENI-) &-
SPEC i A L E X CA.--r,L I C)',, P 1.,R.S .-'A N T 2l
Akl--.,A BOARD OF
Lj --'D I NL71�_().E—EA=c
k THE PROPOSED tWEEILL TMT BE YN&JIM)WS To THE PUBM HEALTIC SAFIETV CONWORT,
CC)N,1'vl UNITY !A ORAL STAND' ,',R DS. OR c3h,.NJ.-'12AL NVEI�FAR-2
E2\eI0pn1 •Vl1 and LOW at pMWMW "ith all i lildinv. rc sai 11. lr'afl-lu- and park illy L gu lal iol as to
two 11ol-, s. and
Z, ME PROPOSED i.-.$'r' MILL NRA MjrRF C)R AUDVERSE" AFI:'I----C•I' 7-1-1E. :5j CD "I-HF k, JACFN-1
ARA.-- PKOPERT� BLCAUSE:
The N allance or use shall WipmNT the appearance of the nalhboMood and vW11 not dmvMue the S—Ouny%
pr�pertjws'
1. THE PROPOSED 1 TE A ILL BE ',),'1'T Fl 'I'HE CHARACTER 01- THE ;W-5'TP!(-,'-I"' M'HICH
n IS LOCATED LANA--) 1-:S-:S 7-H1--pj-fX 2Ec:AL:SI]---:
Colldi-ljon on the propero predate the Zoning Ordinance. Which creases a difycr-ejjj cc,j)djijon for t11is prop—,-Te
C THE PROPOSED USE IS CONWATIBLE 'A ITH TI TI-, T! E- C1"!-Y' OF S01-
BE%D (Aj&pREHEVWj K PLAN BECAUS&
I' is iht ofihs Board thm the vwonm- A Mmd&g in o Qc CNVMH C0MpMhWSj-,-k:' Plill) a7lC-.' is VIC),- elegy ic'Iilz
Rom its intent.
C()� TD IT ICJ S 0R RE=�7]S;0 N. ,S:
1S THEREFORE the deasion WIhn Board thm hik requem fbr S E a! 7-xctP1it:1n be Passed On" lhc CQ vf"U"'
Renj Ccoy"or C7cmwk "Ah 0 J=AVC)J-ZABLY RECOMNIENDATTOIN
ADOPTED rho 2nd r:)L-,,.
=X RANDALL MATTHYS
=X JACK YOUNG
[=yvi GERALD PHIPPS
ABSEN7 ROBERT HAVYLEY
ME VELLEVIAN,
]�T-,L-NDAN CRI-INILISH
MICHAEL L. LIPSKY
Attorney at Law
The Historic Lafayette Building
115 South Lafayette Boulevard, Suite 116
South Bend, Indiana 46601
mikelaw2OOO@yahoo.com
Ph: 574-387-4744 Fx: 574-387-4743
February 8, 2011
Area Board of Zoning Appeals
125 S. Lafayette Boulevard
Suite 100
South Bend, Indiana 46601
Re: Petition Seeding a Special Use to Allow an Indoor Soccer Facility
Dear Board Members:
I represent Manuel Villegas, Marco A. Villegas and Juan Ramirez concerning their petition seeking a special use
to allow an indoor soccer facility. I ask that you please allow this letter and the accompanying documents to
serve as my client's petition.
1. Name.Address, Phone Number of Property Onmers:
a. Manuel Villegas, 4351 Fox Fire Drive, South Bend, Indiana 46628, 574-855-8001;
b. Marco A. Villegas, 3432 Vilest 66`4 Street, Chicago, Illinois, 60629, 708-250-2893;
c. Juan Ramirez, 3801 W. Sherwin Av., Lincoln Wood, Illinois, 60712, 312-666-8888.
2. Location of RWReWY.in Petition: 22.22 West'"lashington, South Bend, Indiana 46628.
3. Name,Address Phone Number of Persona Presenting Petition:
Attorney Michael L. Lipsky, 115 S. Lafayette, Suite 116, S. Bend, Indiana 46601
Phone: 574-387-4744 Fax.: 574-3894743
rnikelaw2000 @yahoo.com
4. Zoning Classification and Towmhip: Fight Industrial/Portage Township
5. Statement of Variance&que sted: My client's are seeking a special use exccption to allow for an
indoor recreation/indoor soccer facility.
I: The pLoposed use will not be in'urious to the public health safe comfort communi ty moral standard.
convenience or general welfare. My client's would like to build an indoor, community based soccer facility
at this location. My client's proposed plan for this location will significantly improve the area., the
neighborhood and the City of South Bend's overall plan for growth. Granting the petition wall improve the
safety, comfort, community standards and general well being of the neighborhood. Remember, it is still a
neighborhood.
The property in question is lined with commercial properties directly to the South, and residential
properties directly to the North. The properties prior use was an industrial warehouse. Many commercial
trucks and traffic ingressed and regressed from the location. The current proposed use will not entail
dangerous commercial trucks or traffic flowing about the area. No heavy machinery or equipment will be
used for the day to day operation. Because the proposal is for an indoor soccer facility, other than parking
all activity will be conducted inside the current building_ More than ample parking is available for the
proposed use. The site for the indoor soccer facility is located in one area;there will be no need to cross the
street for parking. The plan provides for safe vehicular and pedestrian access, including emergency
vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and
eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All
utilities necessary for this use are already present. The location itself is secluded from the other commercial
properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior
lighting, although not finalized, are expected to minimize neighborhood safety concerns and will be
compatible with the surrounding properties via City site plan approval
The proposed use will not entail the need to consider industrial environmental hazards and will be a
friend to the environment when compared to the heavy industrial use of the property by the previous
at
owners. Further,the current property has s vacant,deteriorating for the at least the past five(5)years.
My client's proposed use and improvement of the property will bring a fresh, new and exciting business
to the area. The neighborhood will benefit. New jobs and a tax base will be created. The proposed
improvements and use of the location will be in line with community moral standards by bringing a family
oriented community center to the area. Children and their families will have a safe place to go after school.
There exists the potential for future sporting or other similar venue events at this location. This
proposal and plan anticipates other-present business expansion and economic benefits to the City by
offering current thriving business a commercially viable partnership.
Il: The pmposed use will not injure or adversely affect the use of the adjacent area or pmpppty values
therein. The neighboring properties, being within a light industrial zone, will not suffer any negatis,e
impacts. The proposed use is for an indoor soccer facility, which is akin to a commercial use. The future
improved site will increase property values and will energize the area. The use of the property as a
community oriented business will enhance both commercial and residential property values. The
neighboring commercial and residential property owners will benefit from investing entrepreneurs attending
commercially viable soccer games and practices. Because there is no other similar business in the area like
this proposed indoor soccer facility, current businesses will not be subject to competing financial interests.
III: The proposed use will be corsistent with the character of the district in which it is located and the land
uses authorized therein. The proposed use of the area is located within a commercially light industrial area,
with many other situated commercial properties. Direct to the North of this properly is a large residential
community, directly to the South a commercial community. The proposed use is not-a residential proposal.
The addition of my client's commercial business plan is consistent with this area's established character.
The proposed use is anticipated to be received favorably by the cozy unity. The anticipated use is
consistent with the overall character of the district. Family orientated with a flavor of locally owned
commercial enterprise.
IV: The proposed use is compatible with the recommendation of the City of South Bend. Corn rehensive,
Plan. Since its founding in 1835, the City of South Bend's boundaries have continued to expand. The City
of South Bend's Comprehensive plan anticipates that market forces and economic trends will continue to
make it beneficial for South Bend to follow an orderly and balance growth. An indoor soccer field located
within the inner city falls with the City's planned grawth and more simply put,a Smart Growth project.
The proposed indoor soccer facility fosters the City's "Smart Growth" plan by fostering an attractive
community site with a central sense of place allowing community neighbors to interact. The community
comes here to enjoy their families. The City's cultural infrastructure is strengthened by the development of
a community oriented location that can offer residents and partners to safe place to interact with any
number of interests and/or the planning neighborhood activities.
The property is located within the city's design review area. I have personally spoken with Jinn Markle,
City of South Bend Design,Plan Review Specialist, who has advised rray clients that as long as certain specific
aesthetic improvements are adhered to, such as paint colors of earth tone and non-tinted windows,the proposed
use will be in harmony with the City's Comprehensive Plan. My client's anticipated improvement of the current
deteriorating interior and exterior building will be welcomed by the City's overall Comprehensive plan
encouraging local investment, land use, and growth. The proposed use will promote inter city transportation
through the City's current public (bus)system. This system minimizes conflicts between bicyclists, pedestrians
and motorists while preserving our environment. Lastly, this plan simply encourages other economic ethnic
development as all three owners are of Spanish heritage.
In closing, my client's request for the special use is the minimum necessary to stay within State and
local guidelines_ The purpose Ail] foster the City of South Bend's current adopted compressive plan. Denying
this petition will effectively deprive the community and current property owner's the best and most reasonable
use of the property in question.
My client's thank you for your time and consideration. Should you need anything further to
reach a positive decision please do not hesitate to contact me_
Respectfully Submitted: •
Michael L_ Lips
Attorney for Petit
If,
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
2222 WEST WASHINGTON SOUTH BEND, INDIANA 46628
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Cade Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA. as follows:
SEC'T'ION L The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at: 2222 West Washington, South Bend,
Indiana 46628,
in order to permit A Special Use to Allow an ' Indoor Soccer Facility,
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk,
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
1 The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk,
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Va
Member of the Common Council
Filed in fer ; .
FEB 2011
CITY CLERK, dU r SE-40,IN
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St. Joseph County Auditor
227 West Jefferson Blvd.
2nd Floor County-City Building
South Bend, IN 46601
Telephone: (574) 235-9668
Fax: (574) 245-5024
Peter H. Mullen Cynthia A. Bodle
Auditor Chief Deputy Auditor
Varianc6 Request
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018-4096-358101 ST JOSEPH COUNTY County City Building South Bend IN 46601
018-4096-3579 JABFZ HOLDINGS LLC 4625 W WESTERN ISouth Bend IN 1 4661
018-2023-0713 REBEL PROPERTIES LLC 1797 Troy Lane Oceanside CA 1 92054
018-2021-0642 HABITAT FOR HUMANITY 402 E South St South Bend IN 46601
CITY OF SOUTH BEND
018.2023-0723 BOARD OF PUBLIC WORK 227 W Jefferson South Bend IN 46601
CITY OF SOUTH SEND,
INDIANAIBOARD OF PUBLIC
018-2023-0724 WORKS Rm 1306 CounWCity Bldg South Bend IN 46601
018-2023-0725 TROTTER JAMES C SR 125 Olive St South Bend IN 46628
BATTEAST WAREHOUSE
018-4097-361202 PARTNERSHIP 430 E Lasalle Ave South Bend IN 46617
018-2020-0612 - TROTTER JAMES C SR 125 Olive St South Send IN 46628
018-2020-0613 LENOX IDELL WILLIAM 2203 W.Washington South Bend IN 46619
018-2020.0695 HARRIS EVON A 1620 S Michigan St South Bend IN 46613
HIC INVESTMENTS LLC
018-2001-0012 ATTN MICHAEL MORRIS PO Box 2288 South Bend IN 46680
018-2020-0609 BOURLIER CAMILLE R 576 Brush Tr Niles MI 49120
CITY OF SO BEND/BD OF
018-2021-0641 PUBLIC WORKS 1200 County City Bldg South Bend IN 46601
COLLIER STANLEY E AND
018-2020-0610 KATHARINE E I W N Huey South Bend IN 46628
018-2021-0643 BROWN OTIS 114 N.Carlisle St. South Bend IN 46628
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018-4097-3654 NOTES" %JOHN C HELPLER Prescott AZ 86303
018-4096-358104 NICKLAS JEFFREY A 702 College St South Bend IN L46628.
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018-2021-0646 PAULINE 110 N.Carlisle St. South Bend IN
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018-2023-0720 CEOLA JAMES 2229 W Washington South Bend IN 46626
018-2023-0721 JENKINS WILLIAM J. 2229 W.Washington St. South Bend IN 46628
018-2023-0722 INDIANA UNITED CORP P O Box 3535 South Bend IN 46619
111 NORTH OLIVE LAND
018-2039-1335 TRUST LLC 111 North Olive St South Bend IN 46628
HIC INVESTMENTS LLC
018-2001-001302 ATN MICHAEL MORRIS PO Box 2288 South Bend IN 46680
018-4097-361201 RCMC 1167 Eagles Nest Prescott AZ 86303
618 Sweetwater Cove 81
018-4096-358115 DERIDER CAPITAL_INC South Longwood FL 32750
HABITAT FOR HUMANITY
018-2021-0651 INC 402 E South St South Bend IN 46601
MOORE MARSHALL JR&
018-2021-0652 VIOLA D 3045 Portage Prairie Trf Niles MI 49120
INDIANA POSTAL
HOLDINGS LLC 47.043%
AND J LEONARD SPODEK
41.923%AND MELVIN
018-4096-358102 SOBEL 11.034% 123 Grove Ave Cedarhurst NY 11516
018-4096-3576 CITY OF SO-BEND 1400 Cty-City South Send IN 46601
018-2021-0648 HABITAT FOR HUMANITY 402 E South Si South Bend IN 46601 1.1
111 NORTH OLIVE LAND
018-2039-1334 TRUST LLC 111 North Olive St South Bend IN 46628
018-2021-0638 BEAN JIMMIE E 116 N Olive St South Bend IN 46628
018-2021-0639 HARRISON LONNIE J 117 N Carlisle St South Bend IN 4662
018-2001.000901 HIC INVESTME=NTS LLC PO Box 2288 South Bend IN 46680
018-2020-0616 HARRIS EVON A 1620 S Michigan St South Bend IN 46613
018-2020-0617 TUKES LORNA 2010 W Linden St South Bend IN 1 46628
111 NORTH OLIVE LAND
018-2039-1336 TRUST LLC 111 N Olive St South Bend IN 1 46628
016-2021.0644 BEAN JIMMIE E 116 N Olive Street South Bend IN 46628
HABITAT FOR HUMANITY
018.2021-0645 IINC 1402 E South St South Bend IN 46601
018-2039-1333 TAYLOR ROSLYN JANEEN 1421 Burnham Ave Calumet City IL 6040
GORDEN DIANE M AND
018-2023-0715 BRYANT DIANE M 215 N Gladstone Ave South Send IN 4661
018-2023-0718 NGUYEN M THIEN 6502 Grape Rd Mishawaka IN 46545
018-2023-0719 HARRIS EVON 1620 S Michigan St South Bend IN 46613
HUDSON LONELL&LIZZIE
018-2020-0606 MAE 113 N Huey St South Bend IN 4662
COLLIER STANLEY E AND
018-2020-0607 KATHERINE E 116 N Huey South Bend IN 46628
018-2021-0640 WILLIAMS AUTHUR 484 W 43rd Apt 37b New York NY 10036
018-2023-0716 CITY OF SOUTH BEND 1200 County City Bldg South Bend IN 46601
018.2023-0717 ARMSTRONG DOROTHY J 113 Fordham Ct Macon GA 31220
018-2020-060301 ST JOSEPH COUN"T"Y 1200 County City Building South Bend IN 46601
018-2020-0603 FUJAE P O Box 4342 South Bend IN 46634
018-2020-0604 AL-TIMIMI WEFT 122 Huey South Bend IN 46628
018-2023-0714 CITY OF SOUTH BEND 1200 County-City Bldg South Bend IN 46601
018-2021-0636 KIMBROUGH JANICE 121 N Carlisle St South Bend IN 46619
HARRISON CASEY J&
LATONYA J HARRISON AS
018-2021-0635 JT WIROS 126 North Olive St South Bend IN 46628
018-2021-0637 HILL DOROTHY M 734 N Olive St South Bend IN 46628
018-2039-1338 CANNADY WAYNE R 21880 W Ireland Rd South Bend IN 46614
018-2020-0600 SANTAMARIA ISELA VELEZ 140 E Indiana South Bend IN 46613
018-2020-0601 PLUMP BARBARA 126 Huey St South Bend IN 4662
018-2023-0712 PADILLA JUAN 1314 W Dubai!St South Bend IN 46613
SOUTH BEND PROPERTIES
LLCSEE NOTES4771 LTWD 2001 WEST
018-2003-0032 06-17-03 WASHINGTON South Bend IN 46628
HIC INVESTMENTS LLC
018-2001-0009 ATTN MICHAEL MORRIS PO Box 2288 South Bend IIN 1 4668
0
01 1
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
March 3, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of Manuel Villegas,Marco Villegas and Juan Ramirez
2222 W. Washington Street
ABZA 3/2/2011
Dear Council Members:
The above referenced petition of Manuel Villegas, Marco Villegas and Juan Ramirez was legally
advertised on February 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on
March 2, 2011,at which time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Velleman and unanimously
carried, the petition for Special Exception to allow for an indoor recreational/indoor
soccer facility, on property located at 2222 W. Washington Street, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
Charles C. Bulot, C.B.O., C.F.M.
Building Commissioner
CCB/cah
N*I I-I-EG,AS.V1 J.-hY.-G AS J 12t 1'7-
SPECIAL EXC ,!''TiON PU�RSU'A",—., --l-09,31(D)
ARL-1A SCARI) OF ZONIXGi APPEAI-S
F
11.7,1' FA CT
1. THK PROPOSED LAE V"LL NOT BE INWRRDUS TO TIAF PUBLIC.? HEALTH. SAFFT'Y".
NYI MORAL STANDARDS. CONVENIENCE OR CjE�',ERAL W[-A-1 -AR-F- i3H-C7-,,-1U'S!--1:
z:o1d use as pmsem ad ;;ill compo "A h 61 building. low SMIQ. Traffic. fuld, par),J;Is re�lulatjom,
in 140 PuSW hanhk sasq. muraw. Wo gemerml WHAW C&O, cur111w0q.
P!�OPC)sr!7 C Si WILL N(-Yi- IXJ,":RE OR "'HE C)!7 T.H]". ADJACJ--' `,'
AF I—A OR PHOPERTY BECA,
Thz: Or u-c-C ShAl OnpMW The aMmmomm Chi the nejhbmhm,d and Wil no,, devalue ::h[ siti-roondi!1zi
Properties.
� THE PROPOSED .7 '.c'-F WILL BE CONSISTENT VATIA 011- Of THE "-I
IT A LOCATED AVAD 11 1E BECALSE:
Condhions on the propero predate 1W Zoning Ordinance. Wiich cmmcs a dWrcn-, condition for this propLtri�.
OF 71_I _ C��j sc 'I H
1 THE PROPOSED USE IS CONIPATIBI-L WIWI THE
BEND CDAWRAHEK01 A PL�Y BECA USE:
1i is fe-z iing of the Board that rhQ varianct is blending into the ox craH Compmhousive Man and is not deviating
Nom Wo intent.
L)Ipcl S yq�c
57 1S THF REFOR E Me deWSWn Onhe BOW Thai WIS requesi for Speck! Exccmion shy! be pawed cmic the cir. of SOW]
Band C cmunon Cn"& AV a: '1=AN ORAI31�17 RECO'NINIENT).6"TION
2rj laa; c,-'-Nle-rch. 2('I
N:(-D
%41CHAEL L'REJANSI-0
LK
ElE RANDAI� AAATTHYS
DKi J'ACK YOU'XG
LZI CIT-RAI-iD PHIPPS
ASSEW7 ROBERT HAV\ 1-1�Y
BRENDAN
5
SOUTH' BEND HERITAGE
FOUNDATION
803 Lwcou,%ni i Wrs7 Sotlrtt BEND, IN 4,6616
Pt4Qw1S7 �?89-((1Gb Fix;574�28?.45.>p
February 8, 2013 -
Area Board of Zoning Appeals
125 S. Lafayette Blvd.
Suite 1.00
South Bend, IN 46601
South Bend Heritage Foundation
Attn: Patrick Lynch
803 Lincoln Way West
South Bend, IN 46616
Phone: (574)289-1066 x 203
RE. special exception petition for:
909 West Colfax Avenue
South Bend, IN 46601
Statement of Variance Request:
We request a special exception to the current SF-2 zoning to remodel an existing non-conforming triplex
into a legal two family dwelling. The strict application of the current terms of the zoning ordinance will
result in practical difficulties in the use of the property because the current"illegal non-conforming"
status prevents the Building Department from issuing a permit for any work on the property. Only a
change to allow the two-family special exception will allow SBHF to renovate the property. We feel that
it is not feasible for a private individual to successfully renovate this property as a single family home.
Standards for Variance: (I.C. 36-7-4-918.4)
1. Approval of this request will not be injurious to the public health, safety,morals,and general
welfare because it will allow SBHF to plan, permit, and improve the property for two-family
residential use. The property is substandard and in need of substantial rehabilitation.
2. The use and value of the area adjacent to the property will not be affected in a substantially
adverse manner because we will reduce the number of apartment units from 3 to 2.
3. The proposed use will be consistent with the residential character of the district in which it is
located and the land uses therein. There are several other two-family(duplex)structures in the
Immediate area. ,
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan.
Person presenting petition:
Same as listed above.
Contact Pat lynch at(574)289-1066 x 203
patlynch @sbheritage.or
Zoning classification&township:
SF-2; Portage Township
Respectfully submitted,
ft
Patrick Lynch
SBHF Architect
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PE'T'ITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 909 WEST COLFAX AVE
WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60)days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a
Special Exception be granted for the property located at: 909 West Colfax Avenue, South Bend,
IN 46601
in order to permit use as a two-family dwelling under the current SF-2 zoning.
SECTION II.Following a presentation by the Petitioner, and after proper public hearing,the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V.The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
FED u 20 1 1
C17Y CLERK So- 13ENI) IN
cets County Parcels
Rec PARCIELID NAME 1 MAILINGAD MAWNGCIT MAI MAILIN PROP—ADD PROP CITY PRO PROP Z
D LIN GZIP R — P 5T IP
PHILLIPS
018-1025- DANNY&
1 1072 ILISA K 832 W Colfax,South Bend IN 46601 832 COLFAX South Bend IN 46601
018-1042-
2 1820
FORESTER
SIDNEY T
018-1027- JR& 215 Seebirt VAC LOT
3,1199 SERENA A PI South Bend IN 46601 SEEBIRT South,Bend IN 46601
FORESTER
SIDNEY T
018-1027- JR& 215 Seebirt 215
4 1204 SERENA A PI South Bend IN 4660111SEEBIRT South Bend IN 46601
FORESTER
SIDNEY T
018-1027- JR& 215 Seebirt VAC LOT 10
5 1205 SERENAA PI South Bend IN 46601 SEEBIRT South Bend IN 46601
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTIE Lincolnway 126
6 1067 S LLC West South Bend IN 46616 LAPORTE South Bend IN 46616
1938
018-1027- AMARUSO Meadow 938
7 1192 JOHN Brook Rd Merrick NY 11566 LASALLE South Bend IN 46616
018-1027- SOSOLA 800 W Nasa 936
8 1193 ADRIENNE Rd 1 Apt 243 Webster TX 77598 LASALLE South Bend IN 46601
PARTNERS
IN 1657
018-1027- OPPORTUNI Commerce 932
9 1194 TIES INC Dr#21A South Bend IN 46628 LASALLE South Bend IN 46613
701 W
018-1027- WILLIAMSO Lasalle 930
10 1195 N CHARLES I Avenue South Bend IN 46601 LASALLE South Bend IN 46601 .
FRICKSON
ROBERT L&
018.1027- CHERYL 926 W 926
11 1196 KAY Lasalle South Bend IN 46601 LASALLE South Bend IN 46601
FRICKSON
ROBERT L&
018.1027- CHERYL 926 W VIL ADJ 922
12 1197 KAY Lasalle South Bend IN 46601 LASALLE South Bend IN 46628
018-1027- EPPERSON 4016 Irish 918
13 1198 DARRYL Hill Apt 20 South Bend IN 46614 LASALLE South Bend IN 46601
CLINGER
ESTHER C.
018-1027- %DOWLING 914 W 914
1411202 GERTRUDE Lasalle Av South Bend IN 46601 LASALLE South Bend IN 46617
}
018-1027- JOHNSON 912 LaSalle 912
15 1203 WILLIE St South Bend IN 46601 LASALLE South Bend IN 46617
DERDA
018-1027- JUANITA P. 1255 W 906 908
16 1208 &DAVID M, Bertrand Rd Niles MI 49120 LASALLE South Bend IN 46617
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTIE Lincolnway 136
17 1065 S LLC West South Bend IN 46616 LAPORTE South Bend IN 46616
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTIE Lincolnway 128
18 1063 S LLC West South Bend IN 46616 LAPORTE South Bend IN 46616
ST PAULS 1007
MEMORIAL COLFAX&
018-1041- METHODIST 1001 W 127
19 1794 CHURCH Colfax Av South Bend IN 46616 LAPORTE South Bend IN 46616
SOUTH
BEND
HERITAGE
018-1027- FOUNDATIO 1200 County
20 1174 N INC City Bldg South Bend IN 46601 923 COLFAX South Bend IN 46601
618-1027-
21 1175 SAENZ ROY 921 W Colfax South Bend IN 46601 921 COLFAX South Bend IN 46601
SOUTH
BEND
HERITAGE
FOUNDATIO
N
018-1027- PROPERTIE 917 919
22 1176 S LLC 1803 Lww South Bend IN 46616 COLFAX South Bend IN 46601
HAMILTON
JOHN C&
MILLER
LYNN M AS
JOINT
018-1027- TENANTS
23 1177 W/FROS 913 W Colfax South Bend IN 46601 913 COLFAX South Bend IN 46601
BRUISERS
018-1027- BUDDIES 215 E Ireland 222
24 1172 LLC Ste D South Bend IN 46614 LAPORTE South Bend IN 46616
SOUTH
BEND
HERITAGE
018-1027- FOUNDATIO 803 Lincoln
2511178 N INC Way West South Bend IN 46616 909 COLFAX South Bend iIN 46601
FEDERAL
NATIONAL
MORTGAGE 14221 Dallas
018-1042- ASSOCIATI Pkwy ste 127 129
26 1807 ON 11201 Dallas TX 75254 LAPORTE South Bend IN 46601
HARTMAN 116
018-1025- GREG& 53700 LAPORTE
27 1057 ROGER BEECH RD OSCEOLA IN 46616 AVE South Bend IN 46616
018-1025- BROWN 110 Laporte 110 112
28 105701 VERA Ave South Bend IN 46616 LAPORTE South Bend IN 46616
018-1042- VERTREES 133-135 133135
29 1808 PHILLIP Laporte South Bend IN 46601 LAPORTE South Bend IN 46601
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTfE Lincolnway 146
30 1066 5 LLC W South Bend IN 46616 LAPORTE South Bend IN 46616
SOUTH
BEND
HERITAGE i 803
018-1025- PROPERTIE Lincolnway
31 1068 S LLC West South Bend IN 46616 906 COLFAX South Bend IN 46601
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTIE Lincolnway
32 1069 S LLC West South Bend IN Ill 902 COLFAX South Send IN 46601
018-1025- BOGNAR 832 W Colfax
33 1070 LISA K St South Bend IN 46601 836 COLFAX South Bend IN 46601
SOUTH
BEND
HERITAGE 803
018-1025- PROPERTIE Lincolnway 130132
34 1064 S LLC West South Bend IN 46616 LAPORTE South Bend IN 46616
018-1042- 7238 Via 137 139
35 1809 MACKS LP Dicha La Verne CA 91750 LAPORTE South Bend IN 46601
018-1042- RL COLFAX 16001 S 930 932
3611810 LLC 11 08th Ave Orland Park ill. 60467 COLFAX South Send IN 46601
BOGNAR
018-1025- PAUL M& 838-840 W 838 840
37 1071 LISA K CoifaxAv South Bend IN 46601 COLFAX South Bend IN 46601
ZDA &
018-1025- V/L ON
38 107001 832 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601
BARNHART
LEI*F AND
JANICE
018-1025- LSEE 828 W Colfax
39 1073 NOTES Av South Bend IN 46601 1328 COLFAX South Bend IN 46601
BARNH
018-1025- Lgy- AND 828 W Colfax
40 107401 ANICE L AV South Bend IN 46601 .828 COLFAX South Bend IN 46601
SUCOSKY
PHILIPPE&
018-1027- SCALIA 905 West 905 W
41 1179 MARISSA R Colfax South Bend IN 46601 COLFAX South Bend IN 46601
018-1026- CHAMBERS 831 W
42 1131 PAMELA 831 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601
MCCARTHY
KEVIN T JR
018-1027- &MOSS
43 1180 CANDIDA 901 Colfax South Bend IN 46601 901 COLFAX South Bend IN 46601
ANDRZEJE
WSKI DAVID
018-1026- M&
44 1132 CYNTHIA J 825 Colfax South Bend IN 46601 825 COLFAX South Bend IN 46601
PATRICK 206 N
018-1027- AMIE*POBL LAPORTE 206
45 1169 EM DEED* AVE South Bend IN 46616 LAPORTE South Bend IN 46601
SARNI R coo
018-1027- LE ND 839 841
46 1181 JANICE L 828 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601
6-7t VAC LOT
018-1027- JOH ON SEEBIRT
47 120501 ILLIE 912 La IIe South Bend IN 46601 (LOT 10) South Bend IN 46601
EDDY
STEPHEN
&JOAN
EDDY AS
TRUST FOR
STEPHEN
EDDY LIV
TRUST&
018-1027- RES LIFE 23600 224
48 1183 EST Roosevelt Rd South Bend IN 46614 LAPORTE South Bend IN 46616
BRUCE
CRAIG S&
018-1026- MICHAEL DJ 816 No 816 VAC L8
49 1121 NOVACK LaSalle Ave South Bend IN 46601 LASALLE South Bend IN 46613
EDDY
STEPHENX.
JOAN A
TRUSTEES
of /
ST�'HEN J
E DY LIV
018-1027- j4 &RES 23600 226
50 1184 LIFE EST Roosevelt Rd South Bend IN 46614 LAPORTE South Bend IN 46616
018-1027- MWAWASI 4536 Hickory 219
51 1200 RUTH Rd Apt 2D Mishawaka IN 46545 SEEBIRT South Bend IN 46,601
018-1027- 220 Seebirt 220
52 1206 RENEW INC PI South Bend IN 46601 SEEBIRT South Bend IN 46601
53 0
018-1027- JAMES 214
54 1171 KEVIN L 214 Laporte South Bend IN 46616 tAPORTE South Bend IN 46601
018-1027- BOYER 904 W 904
55 120901 NORMA Lasalle Ave South Bend IN 46601 LASALLE South Bend IN 466€11
VBRUE 018-1026- 816 N 816
56 1120 LaSalle Ave South Bend IN 46601 LASALLE South Bend IN 46613
BOBBOTT 3907
018-1026- LARRY D SR SAVANNAH 812
57 1122 &TINA M PASS Mishawaka IN 46545 LASALLE South Bend IN 46613
018-1027- SMITH GAY 927 W 927 W
58 1214 R Lasalle Ave ISouth Bend IN 46601 LASALLE South Bend IN 46601
HAZINSKI 925
018-1027- JOSEPH R. 925 W LASALLE
59 1215 AND M.A. Lasalle Av South Bend IN 46601 AVE South Bend IN 46601
tF�616NDATIO OUTH
END
HER AGE
018-1027- 1200 County 923
60 1216 INC lCity Bldg South Bend IN 46601 LASALLE South Bend IN 46601
SB
INVESTMEN
T
018-1027- HOLDINGS P 0 BOX 917 W
61 1217 LLC 566 Granger IN 46530 LASALLE South Bend IN 46601
MOSS
018-1027- GEORGE G 915 W 915
62,1218 &TAMMY A Lasalle Av South Bend IN 46601 LASALLE South Bend IN 46601
018-1027- ANDERSON 55871 911-913
63 1219 ETHEL Orange Rd South Bend IN 46619 LASALLE South Bend IN 46601
HOUSING
018-1027- AUTHORITY 501 S Scott 907 W
64 1220 SB St South Bend IN 46601 LASALLE South Bend IN 46601
018-1027- WOODS 835 W Colfax
65 1182 MELODY Ave South Bend IN 46601 835 COLFAX South Bend IN 46601
018-1027. HARRIS P O Box 210
6611170 AUDREY 1386 Alpharetta GA 30009 LAPORTE South Bend IN 46601
018-1027- B(3 904 W 902
67 1209 RMA Lasalle South Bend IN 46819 LASALLE South Bend IN 46601
DOWLING
018-1027- GERTRUDE 914 W 223
68 1201 M LaSalle Ave South Bend IN 46601 SEE13IRT South Bend IN 46601
048-1027 220 Seebirt 224
69 1207 LWE-W INC Pi iSouthBend IN 46601 SEESIRT South Bend IN 46601
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
FAX: (574) 235-5541
March 3, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception for South Bend Heritage
909 W. Colfax Ave.
ABZA 3/2/2011
Dear Council Members:
The above referenced petition of South Bend Heritage Foundation was legally advertised on
February 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March.2,
2011, at which time the following action was taken:
Upon a motion by Mr. Velleman, being seconded by Mr. Matthys and'unanimously
carried, the petition for Special Exception to allow a two.family dwelling in a"SF2"
District, on property located at 909 W. Colfax, is sent to the Common Council with a
Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
Charles C. Bulot, C.B.O., C.F.M.
Building Commissioner
CCB/cah
13FNND FIF-RITAGE
SP C I A L P U,R S L'A:'-'-f I- 3,D
ARE-A BOARD C)f-' ZONFING APPJiALS
I. !7HE PROWDSEE) USi, \VILL N07 BE 11<311-'a11)(.IUSTO THE Pl-'BILK' HF-ALTH� S-`,FETIY- COM17 cjjZ'T.
CONINIL741TA MORAL STANDARDS.
(DR GEE FR�-O, MOLFARE BECAUSE:
DwzkTrnem and use aS PMSOMed "IV compt- wkh aH build y Jiro saftq truffic. and parkiii_, as, 10
no! beQ QuHOW- to the I-oblik h.NK SM?p, mumm, and pent:al "ehlkre afike cxmununiq .
T THE PROPOSED E 311 MT.L NOT INJURE OR AFF]_C-j' T111.' ADJACENT
&,Rl,A c.)k z%Ll- LS,
The or use shot hm,wve dw OpImawwe of Me rilghboNood and Wl! noi C1,-;\'a]Ue Th4 S117-rounding
properivs.
A. THE PROPOSED LIE MILL BE CONSSTENT WITH THE CHARACTER OF THE WWWCT IN 51"1
17 IS LOCATED AND THU-- 1-AND USES Al-'THQRIZED Tlilzk L-IN BE.CAL'SE,
Conditions an the propcn-� predate QzZaning Ordinance. which creates a different conchvion for this pmpmO-
4. THE PROPOSED 1...:5E IS COMPATIBLE "'ITI i THE,. R17COMMENDATION-S -1-1-JE OF S01--TH
I A PLA T 0 E CA U S E:
Ii i� the feeling of the Board zhal the N awance in ho •dirig Wo the overall Compn-hensivc P'Jav' anc is 1101 devialin-
lion, W; inicni.
REVISIONS:
IT K THEREFORE As declon cfihelloard rhalrbisrequesi Ar Specivii Lice thins tall b,: passed
Fond Common Co"W "flit w FAVORABLE RECOXWENDATION
W)CWTED 0:5 Did Da, of Nlarzh. 2W 1
=X WCHAEL URBANSKI
EE RA DALL MATTHYS
GE-PIALD PIHIPPS
ASSENT ROBERT HA WLEY
L-x-1 30EVELLENIX'�
BRENDAN CRUNJI-ISH,
NONE HOLLADAY
PROPERTIES
Building Solutions Since 1952
227 South Main Street Suite 300 South Bend Indiana 46601 PHONE(574) 234-1073 FAX(574) 2843790
January 10, 2011
Area Board of Zoning Appeals
City of South Bend
227 W.Jefferson Boulevard
South Bend, IN 46601
Re: Petition for Special Exception
To whom it may concern,
A. The information for the party applying for this special exception is below:
3300 Sample Street Associates
227 South Main Street,Suite 300
South Bend, IN 46601
Ph: (574) 217-4498
B. Location of the property in the petition:
3300 Sample Street
South Bend, IN 46619
C. The purpose of this variance is to apply for a special exception use of Recreation for a
BMX/Skateboard Training Park in an existing general industrial zoning in South Bend.
D, The special exception will not cause undue harm to the public health, safety, morals or
general welfare of the community. This will provide a clean secure space to an
organization for athletic training and teaching lessons on teamwork, competition, and
personal effort to young children and adults. An open,tall industrial space is ideal for
the creation of a BMX/Skateboard facility. Currently, there are two other tenants in this
building, but the spaces are sufficiently separated and neither party will be in any
immediate danger as a result of the other's operation.
Also, most operations in this area take place between the hours of 7 am and 5 pm, and
the gymnastics operation will have their heaviest use in the evening during non-
traditional hour:: so the possible interaction of this group with others in the area is
minimal.
The operation of the BMX/Skateboard facility will take place within their demised
premises and will not adversely affect the value of any neighboring properties.
South Bend Indianapolis Chicago/Portage Richmond Nashville
www.holladayproperties.com
HOLLADAY
MW PROPERTIES
Building Solutions Since 1952
227 South Main Street Suite 300 South Bend Indiana 46601 PHONE(574) 234-2073 FAX(574)284-3790
The BMX/Skateboard facility is classified as "Recreational' use which listed as a special
exception within the General Industrial zoning classification, and this building will need
that exception in order for this group to operate out of the facility.
The proposed use is consistent with the character of the uses within this district and is
listed as an acceptable use for this space within the ordinance.
Finally,the proposed use is consistent with the recommendations compiled in the South
Bend City Comprehensive Plan, and will not detract from the character of this area or
the rest of the City.
F. The current zoning classification for this property is: General Industrial
The property is located in: Portage Township
G. 3300 Sample Street Associates
S. h it°—
nt of General Partner
South Bend Indianapolis Chicago/Portage Richmond Nashville
www.holladayproperties.com
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 3300 SAMPLE STREET
WHEREAS,Indiana Code Section 36-7-4-418.6,requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60)days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIAIiIA as follows:
SECTION 1. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
3300 Sample Street
South Bend, IN 46619
in order to permit a portion of the building to be used for a BMX/Skateboard Facility classified
under a"Recreation Use" in the special exception section of the General Industrial ordinance.
SECTION II.Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
I. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council U
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INOUBMAL DYNE
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3300 Sample Street Special Excepeti®n
Property Tax identification Numbers W/in 300' of the Subject Property
1. Contech Construction Products Inc. 2. New Jersey,Indiana, &Illinois RR 3. Doris Bergeron
9025 Centre Pointe Drive,Suite 400 Attn:Taxation Department 25946 Brick Road
West Chester, OH 45069 110 Franklin Road South South Bend, IN 46628
Tax ID: 018-8112-421201 Roanoke,VA 24042 Tax ID: 018-8112-4209
Tax ID: 018-8112-4212
4. Jupiter Aluminum Corp. 5. Joseph Podell Company, Inc. 6. Grand Trunk Western Railroad Inc.
Attn: Dietrich Gross c/o Richard Podell Attn: Real Estate Department
1745 165th Street 3680 W. Sample Street 563 N. Cass Avenue
Hammond, IN 46320 South Bend, IN 46619 Pontiac, MI 48342
Tax ID: 018-8112-4207;018-8112- Tax ID: 018-8112-421509 Tax ID: 018-8112-4218,-4219
421508
7. Larry Johnson 8. Jeff Flora 9. K& B Beverages Inc.
2245 N. Lema Drive 3319 W. Sample Street 15300 Valentia Drive
Mesa,AZ 85215 South Bend, IN 46619 Granger, IN 46530
Tax ID: 018-4107-3958 Tax ID: 018-4047-272901 Tax ID: 018-4107-3959
10. Floyd Eddy 11. Gus Caparell 12. Frederick Binder
3105 W. Sample Street 509 W. Washington Street 620 N. Ironwood Drive
South Bend, IN 46619 South Bend, IN 46601 South`Bend, IN 46615
Tax ID: 018-4052-1933,-1932,-1931; Tax ID: 018-4075-2759,-2758, -2757; Tax ID: 018-4075-2756,-2755
018-4107-395901 018-4074-2728,-2727,-2726
13. Guy Nesbitt 14. Jacqullne Tetzlaff. 15. Donald Willman
839 Kentucky Street 844 S. Lake Street 841 S. Lake Street
South Bend, IN 46619 South Bend, IN 46619 South Bend, IN 46619
Tax ID: 018-4107-3918 Tax ID: 018-4047-2725 Tax ID: 018-4074-2724
16. Patricia Hawkins 17. Janice Gates 18. Linden Freei
842 S. Falcon Street 838 S. Lake Street 69221 Brush Trail
South Bend, IN 46619 South Bend, IN 46619 Niles, MI 49120
Tax ID: 018-4075-2753 Tax ID: 018-4047-2721,-2723 Tax ID: 018-4107-3920,-3919
19. Harold Agler 20. Clarence Love 21. Guadalupe Cervera
119 N. Front Street 3206 Revere Place 838 S.Falcon Street
Syracuse, IN 46567 South Bend, IN 46619 South Bend, IN 46619
Tax ID: 018-4107-3924 Tax ID: 018-4107-3926 Tax ID: 018-4075-2751
22. Stephen Smith 23. Barbara Dupriest 24. McRay Oneal Fleming
19548 Paxson Drive 833 S. Kentucky Street 3220 Revere Place
South Bend, IN 46637 South Bend, IN 46619 South Bend, IN 46619
Tax ID: 018-4074-2722 Tax ID: 018-4107-3917 Tax ID: 018-4107-3923
25. Oliver Peterday
3212 Revere Place
South Bend, IN 46619
Tax ID: 018-4107-3925
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Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byomi Larry P. Magiiozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosepheountyindiana.com/areaplan Fax 574 235-9813
January 24,2011
Area Board of Zoning Appeals
125 S.Lafayette, Suite 100
South Bend,Indiana 46601
RE:Area Board of Zoning Appeals Meeting
Dear Board Members:
The following comments are being made concerning.some of the items to be heard at the Area Board of
Zoning Appeals meeting on-Wednesday
Feb 2 2011. The absence of comment on any particular
item should not be construed to mean that the staff agrees with the request.
Variances
A variance from any of the development standards of the Zoning Ordinance may only be approved
upon the Board of Zoning Appeals making a written determination and adopting appropriate
Findings of Fact, based upon the evidence presented at a public hearing,that:
(1) The approval will not be injurious to the public health safety, morals and general welfare of
the community;
(2) The use and value of the area adjacent to.the property included in the variance will not be
affected in a substantially adverse manner;and,
(3) The strict application of the terms of this Chapter would result in practical difficulties in the
use of the property.
1.The petition of Communit"Ide Federal Credit Union.
The staff recommends denial of the sign variance for an increase in the allowable maximum square
footAge from 100 square foot to 126.27 square foot.
As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was
significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign
displays; maintain and rave the rrpPearance of the City of South,Bend as an attractive place in which
to live and conduct business; and safeguard and enhance property values by M&On� the possible
adverse effects of signs on nearby public and private property. Variances for increased size and number
of signs undermine the intent of the sign ordinance,and any such request should have a clear relationship
to unique site conditions beyond the petitioner's control.
It is our opinion thaf the 100 square foot minimum,as established by the ordinance,can accommodate the
petitioner's needs. There are no unique on-site conditions such as topography, trees, signs, or other
obstructions that is driving the need for a larger sign.
Special Eaceg„tion/Special Use
A special use may only he granted upon making a written determination and adopting appropriate
Findings of Fact, based upon the evidence presented at a public hearing, that.•
E:iBwn&of 2owkSAXedsUrea Board ofZoningAppeakl2011 V2]Febraary doe
Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana is
(1) Ae proposed use will not be injurious to the public health safety, comfort, community moral
standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein;
(3)The proposed use will be consistent with the character of the district in which it is located and
the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
6.The petition of School City of Mishawaka. `
The staff recommends the Special Use be sent to the County Council with a favorable recommendation
for the temporary use for the stated period of time.
(1) The proposed use will not be injurious to the public health safety, comfort, community moral
standards, convenience or general welfare;
A similar request was approved in August 2009 on Jackson Road for a period of IS months. Thd staff is
not aware of any issues from that prior location.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein;
The temporary use will disturb only one acre of a 58+acre parcel. The size of the parcel buffers
neighboring properties.
(3) The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
Within the 300 foot buffer,there are only 3 structures. Again,the size of the parcel maintains the
agricultural character and use of the balance of the property.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The St. Joseph County — South Bend Comprehensive Plan Future Land Use Asap makes no specific
recommendation for this property.
7.The petition of Charles S Hayes,Inc.
The staff recommends the Special Use be sent to the Common Council with a favorable recommendation,.
The staff recommends denial of the variances for the lattice type tower and landscaping.
(1) The proposed use will not be injurious to the public health, safety, comfort, community,moral
standards, convenience or general welfare;
The site contains an existing tower. Tire staff is not aware of any issues with the existing tower and the
presence of a second tower wwould not compromise the standards.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein,
Since a tower already exists,the addition of a second, shorter tower will not have an adverse affect on
neighboring properties.
(3) The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
The property is zoned G1 General Industrial District. However,the property to the west across Franklin
Street was recently rezoned to PUD for Ignition Park,an office/research and industrial complex with high
development standards. A lattice type tower with or without landscaping would not be consistent with
future development in the area.
(4)'The proposed use is compatible with the recommendations of the Comprehensive Plan.
The future land use map identifies this area as industrial. Ci Plan Objective UD 1.4 Encourage
attractive and architecturally appealing designs for buildings to create distinctive,visual reference points
in the community. A monopole tower and landscaping would create a more attractive site.
E.kflaards afZoningAppealIL4re4 Board of ZoningAppealslZOII V21 Februwy doe
S.The petition of 3300 Sample Street Associates.
The staff recommends the Special Use be sent to the Common Council with a favorable recommendation.
(1) The proposed use will not he injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
All activities will take place indoors and therefore have no visual or noise impact beyond the building.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein,
Since all activities will take place indoors,adjacent properties will not be impacted by those activities.
(3) The proposed use will he consistent with the character of the district in which it is located and
the land uses authorized therein,
The south side of Sample Street between Prairie and Sheridan is zoned GI General Industrial District.
Across the street is a multi-tenant center anchored by a convenience store.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The future land use map identifies this area as heavy industrial. City Plan Objective ED 1.2:Encourage
the use of abandoned and underutilized land and structures.
9.The petition of Jeremy D Belcher.
The staff recommends the Special Use be sent to the County Council with a favorable recommendation
subject to: 1)the regulations for a gun shop, 154.106(B)(12),below,and 2)petitioner's commitment to
not sell ammunition or store inventory.
154.106(B)(12)Gun Shops and Gunsmith Shops, subject to the following development standards:
(a)No firearms or ammunition shall be sold in any gun sales or gunsmith shops within two-hundred(200)
feet of any:
L Public or parochial school for children in any grades from K through 12,
2. Child care center,or,
1 Child care ministry;and.
(b) The operator shall reside in the dwelling unit located on the property as their primary place of
residence.
(1) The proposed use will not be injurious to the public health, safety,comfort, community moral
standards, convenience or general we fare;
If the activities are limited as in our recommendation the effects will be minimized.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein,
If the activities are limited as in our recommendation the effects will be minimized.The property is
located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning of that
intersection is varied.
(3) The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein,
The property is located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning
of that.intersection is varied.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The St. Joseph County — South Bend Comprehensive Plan Future Land Use Map makes no specific
recommendation for this property.
cerely,
A I al
Christy Nayder
Planner
E:18oards ofZon ft Appea&Wrea Board of ZonmgAwpeabI2011 1121 Fohna"doc
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
March 3, 2011
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of 3300 W. Sample Street Associates
3300 W. Sample St.
ABZA 312/11
Dear Council Members:
The above referenced petition of 3300 W. Sample Street Associates was legally advertised on
January 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March 2,
2011, at which time the following action was taken:
Upon a motion by Mr. Matthys, being seconded by Mr. Young and unanimously carried,
the petition for Special Exception of 3300 Sample Street Associates for a
BMX/skateboard training park, on property located at 3300 W. Sample Street is sent to
the Common Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
`Charles C. Bulot, C.B.O., C.F.M.
Building Commissioner
DFF/cah
3300 SAMPI-E ST12.E.1--T AS'5(7C1,.kT1--,5
SPECIAL EXCEPTIO\ IDL RS;_ ANT 21-(11').3(D)
ARFA BOARD OF APPL,,%LS
QE Fn
1. THE PRONDSED WILL `,,(-')T BF T-N",IURIOLS TO THE PUDLIC I--IF.-4I-T1+ SA,FE TY. COMFORT-
,AORAL STANDARDS. CONVENI)=NCI C)R GENERAL NVELFSOUS BECALSE:
Developmen" and kjsk` H> presented "lu compt "Ah all bw Wing. fimL snfet,,. traffic. and Pbl-k in rC"LlIkI, ' ki:; 7C,
nol being Qurimm w 01� pu6hc mom, nn6 =,elleral welfuro ci"The, Coll)1111.171 ii�.
2. VIE PROPOSED 11-HE
AREA CIR 'THURI--i-N, DIECAL�S]-:
The xadance or Tqe AnN Kiprove the appearance of the neQhlaorhood and to ill not devake the sumoundirl"
properties.
5. 1-HK PROXOSFT) V,'ITI1, 'THF-. CHARACTEF� OF THEDl -R C:- 1. H
MS LOCATED ANO THE J-\ND t.'Sj.'S
Conditions on the propel-t, predillc We zonin • Ordinance. Mich creates a differen-, cnndft:ioll for this prcjpc-rr�
1 THE PROPOSED LM IS COMPA1713LE \N ITIA THE RECON"IENDAT10.NS OF THE CITY C))'--
BEND CIAWPREHENM A PACO BECAUSE:
17 is Thu fefhrl 01-th; Board Thai the varia)tce is blendbg huc The MOM Compmhe.vishe Phr, and 1 nog de"athig
Kom 04 hum-)I.
CONDITIONS OF,
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the deckon MM e Board 11ml this requem for Special E-\Cop',ior. shall be, pass-td 01-11c, 111e CiIL_, of Sourh
B,,d C,,,O,, CL,,,H
tjii_ L:nd jDa�
211 MICNAEL URBANSKi
ME RANDALL MATTHYS,
=X-1 JACK YOL-�NG
[1—sx, CAERALD PHIPPS
A55EN7 R,033EPT HA\\OLEY
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