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03-28-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 28, 2011 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 7. nn P m 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. ATn 75 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 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 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 ( #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 08--11 PUBLIC HEARING ON A BILL 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 09 -11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CI'T'Y OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA 8. BILLS, THIRD READING BILL NO. TIME: 75 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, .INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 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 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 08 -11 THIRD READING ON A BILL 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 09 -11 THIRD READING ON COUNCIL OF THE TRANSFER A PORTIO N THE BOARD OF PARK OF INDIANA 9. RESOLUTIONS BILL NO. A BILL OF THE COMMON CITY OF SOUTH BEND TO OF FREDRICKSON PARK FROM COMMISSIONERS TO THE STATE 11-19 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, INDIANA 11 -20 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 11 -21 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 909 WEST COLFAX AVE 11`22 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 10. BILLS, FIRST READING BILL NO. 11 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ,SECTION 2--59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES 1211 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565 -05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565 -05 BUT WHO WAS NOT NAMED THEREIN 13 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 1123 - SPECIAL EXCEPTION- 324 WEST GARST STREET 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. Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL STATEMENT OF PURPOSE AND INTENT In 2005, the Common Council passed Ordinance No. 9570 -05 which amended various provisions governing the operations of the South Bend Common Council. That ordinance built upon the improved efficiencies gained by the passage of Ordinance No. 9504 -04 on April 26, 2004, which then Council President Karen L. White sponsored. As a result of those actions, greater efficiencies were gained on such procedures addressing the filing of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Clerk and Mayor on proposed ordinances and resolutions; requiring all exhibits and petitions to be filed with all proposed Bills; authorizing the Council President to assign topics raised during the Privilege of the Floor; as well as many other areas. This ordinance is proposed to further advance the efficiency of the operations of the South Bend Common Council. Many legislative bodies throughout the country have passed regulations addressing the use of electronic devices during their meetings. This ordinance addresses that topic as well as related concerns in the interest of maintaining the highest level of decorum during Common Council meetings and Standing Committee meetings. With the development of ever - changing new electronic technologies; more and more rules and guidelines are being developed to carefully balance the need to embrace new communication technologies with the need to develop appropriate public policies addressing governmental operations. Research reveals that the United States Senate prohibits all electronic devises in varying degrees. As of February 2010, 205 Senators and Representatives were registered with Twitter; with such members averaging 116 tweets per day collectively. Twitter was created in 2006 as a web -based social networking service. The House and Senate has divided twitter use into eight (8) categories: position taking; policy; district or state activities; official congressional action; personal; media; campaign activities; and other. As a result, electronic technology has begun to reduce the cost for constituent communications. Additionally, many state legislatures have enacted rules restricting or prohibiting electronic devices so that the elected officials' undivided attention is focused on the issue being discussed during their deliberations. In light of technological innovations altering traditional forms of communication, this ordinance is warranted to assure that each Council Member has the ability to collect and transmit information from constituents; while maintaining proper decorum at all Council and Committee meetings. Various housekeeping measures are addressed to further improve the regulations governing the overall operations of the Common Council. All of the proposed regulations are proposed to be in the best interests of the public and the South Bend Common Council. Council Procedures Ordinance Page 2 0� / # 1111rlwlercl by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 2, Article 1, ,Section 2 -8 of the South Bend Municipal Code is amended by amending paragraph (p) and by the inclusion of new paragraph (q) which shall read as follows: (p) Persons in the Council Chambers and in the Council Informal Meeting Room shall turn their cell phones., imd pagers, PDA, or any other type of electronic communications device to their silent mode when the Common Council is in session and when any Standing Committee meeting is in progress. Electronic devices including but not limited to cell phones, pages, PDAs or any other type of electronic communications device in the possession of a Council Member, must be turned off or put in silent mode during all Common Council Meetings all Standing Committee Meetings, or any other meetings called under the Indiana Open Door provisions. Texting, emailing and an other forms of electronic communications by a „Council Member while a.meeting is in progress and while in -a meeting room or Council Chamber, shall be prohibited. Violation of this section ma subject a Council Member to any of the sanctions set forth in Section 2 -10 k of the South Bend Municipal Code, Section II, The following paragraph set forth in Chapter 2, Article 1, Section 2 -10 (i) of the South Bend Municipal Code is amended to read as follows: The Chairperson, with the assistance of the Eeuneil Attu, City Clerk, shall be responsible for tiling Committee minutes with the Office of the City Clerk within, two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. Section III. Chapter 2, Article 1, Section 2 -10 (k) of the South Bend Municipal Code is amended to read as follows: (k) Sanctions: Upon finding that a Council Member - respondent violated the code of conduct of the Common Council., or if a Council Member violated any other provision of this Code, the Council by majority vote may take any or none of the following actions: (1) Issue a private censure; (2) Issue a public censure; Council Procedures Ordinance Page 3 (3) Recommend to the Council Member- respondent or to a Council Member who violated any other provision of this Code, that he or she resign his or her position on a standing and/or special committee; (4) Recommend to the Council Member- respondent or to a Council Member who violated any other provision of this Code, that he or she resign from his or her office of Ceuneilmaft Council Member; (5) Refer the matter to the County Prosecutor's Office for appropriate action; or (6) Refer the matter, by a vote of two- thirds (2/3) of the Council for expulsion from the Common Council. , or (7) Subject the Council Member - respondent or a Council Member who violated any other provision of this Code to a minimum ordinance fine of not less than twenty -five dollars (25.00) per violation and loss of further consideration of any travel, promotional and instructional monies addressed in Section 2 -2 fl) of this Code for the remainder of the calendar year. Section 1V. 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. Derek D. Dieter, Council President Karen L. White, Council Member Ann Puzzello, Council Member Timothy A, Rouse, Council Member John Voorde, City Clerk Council Procedures ordinance Page 4 —.M. �aC HF-i�,RtNG 3 rd R-EAD'NG NOT APPROVED RPFEOED PASSED , A . "-w.,,AWby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2010, at o'clock —. m. Janice Talboorn, Deputy Clerk yve,eWby me on the _ day of 2010, at o'clock Stephen J. Luecke Mayor of the City of South Bend, Indiana rvls Offl 1 2010 CITY Cl bK5 04��1 �i d� /g� •O ' %to City of South Bend. Common Council p R 1865 441 County-City Building s 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President November 17, 2010 Ann Puzzello Members of the Common Council Chairperson, Committee 4"' Floor County -City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter Re: Regulations Governing Council Members First District (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Henry Davis, Jr. Dear Council Members: Second District In the interest of observing the highest standards of conduct in carrying out the Thomas LaFountain official duties as an elected member of the South Bend Common Council, the Third District Council periodically reviews its governing regulations. For example, in 2004, the Ann Pu o Common Council passed Ordinance No. 9504 -04 which amended Section 2 -8 of the Fourth District Dist South Bead Municipal Code by including the following provision: "Persons in the Council Chambers shall turn their cell phones and pagers to their silent mode when David Varner the Common Council is in session ". Fifth District That provision needs to be updated in light of new electronic communications Oliver J. Davis technology and to broaden its application to meetings of the many Standing Sixth District Committees of the Council. AI "Buddy' Mrsits At Large Many cities are currently in the process of updating their rules and regulations governing public meetings. For example, Boston and Seattle have regulations in Timothy A. Rouse place addressing the "use of handheld electronic devices" and the "use of social At Large media by city Council Members" citing interference with council audio systems and the need to upgrade their rules of decorum. Several state legislatures have enacted Karen L. White laws in this area and the National Conference on State Legislatures have issued At Large publications this year on the digital age and public gatherings. Furthermore, the US Congressional Research Service issued on February 3, 2010 a publication entitled "Social Networking and Constituent Communications: Member Use of Twitter During a Two -Month Period in the 1111h Congress" It noted among other things that: "...the development of new electronic technologies has altered the traditional patterns of communications between Members of Congress and constituents. Many members now use a -mail, official websites, blogs, YouTube channels, and Cover Letter to Council Regulations Ordinance November 17, 2010 Page 2 Facebook pages to communicate with their constituents — technologies that were either non - existent or not widely available 15 years ago." "Despite these advantages, electronic communications have raised some concerns." ® "Members of Congress have more choices and options available to communicate with constituents ... [with] Members now reaching] their constituents via e-mail, websites, tele -town halls, online videos, social networking sites, and other electronic -based communication applications." The U.S. Senate prohibits electronic devices in varying degrees. For example, "No cameras, tape recorders, or any electronic devices are permitted in the Senate Chamber ". "Cell phones and laptops cannot be used "in the committee well "; and the use of cellular phones, lap tops and other electronic communication devices is prohibited during "open hearings ". The U.S. House of Representatives have regulations that provide that "No telephones or other electronic communication devices may be used on the floor during session ". The attached proposed ordinance attempts to update the Common Council's regulations, especially those affected by the ever - changing electronic communications technologies. The ordinance recognizes the requirements of the Indiana Open Door Law and attempts to carefully balance the need to communicate and receive communications with the need for maintaining proper and professional decorum during meetings. We also see the need to work closely with the City Administration to regularly review, discuss and amend City policies which address such topics as e-mail communications; internet usage, IT remote access and other forms of enhanced communications such as departmental Facebooks, cybercasts, etc. We seek your support and look forward to discussing this proposed ordinance with you. Thank you. Sincerely, Derek D. Dieter, Council President Kar. . White, C until Member L. rge Ann zzello, 4" District Council Member Timothy A. Rouse, Council Member at Large OUT B�+ �! City of South Bend -��r�►ce% 1 r Common council 1865 441 County -City Building a 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President February 9, 2011 Ann Puzzello Members of the Common Council Chairperson, Committee 4th Floor County -City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District Re: Bill Igo. 75 -10 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Henry Davis, Jr. Dear Council Members: Second District 1 respectfully request that Bill No. 75 -10 be continued until the February 28th Third Disstrict trict Thomas twin Common Council meeting, and remain with the Information and Technology Committee and the Council Rules Committee for review and recommendation. Ann Puzzello Fourth District The Council Attorney has informed me that she has had internal discussions with members of the City Controller's Office, the Legal Department, the Human David Varner Resources Director and IT on developing city -wide policies for electronic ]Fifth District communication devices. Discussions are focusing on reasonable regulations that would not only address Council Members, but also City Board and Commission Oliver J. Davis Members, while their particular body is in session. Sixth District Al "Buddy' Kirsits Bill No. 75 -10 is also sponsored by Council Member Karen L. White, Council At Large Member Ann Puzzello, and Council Member Timothy A. Rouse. So that the g sponsors and all members of the Council have the opportunity for input, I believe Timothy A, Rouse that the added time will assist in developing sound and reasonable policies which At Large address existing and emerging electronic communication devices. Such regulations will carefully balance a member's right to have access to such devices, with the Karen L White members of the public rights under the Indiana Open Door Law and Indiana's At Large Access to Public Records law. Thank you for your consideration. Most since ly, Derek D. Dieter Council President cc: Office of the City Clerk F64' n Clerk'sA Nffike Q i I p,Nprp/ �.y.., OAIWN VO!0pla.�i���tt i D t ( 1 � {}f d��p ') � Y: � 51, lJ i Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH REND, 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 determined 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 goals 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 1. GENERAL PROVISIONS Recommended Revision to the following item to: (added/Complicoice police) (b) The South Bend common Council declares that the following affirmative action C01-11T), t> folic procedures are established for the purpose of facilitating equal apportunity, prohibiting discrimination against minorities and women, and remedying instances of underr ity, prohibiting of minorities and women in certain aspects of City employment and contracting, (c) Private corporations, farms, or persons receiving tax abatement or tax credit development incentives from the City shall award their construction and purchase contracts consistent e with th 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. ELBE 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 "WMBE ". (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 S(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. SLBE 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 0). 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 there 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) A."ICLE 4. AFFUM&TIVE ACTION CO ILL4NCE POLICY AND PROCEDURES Sec. 14.5 -4. Application of this article. This article shall apply to all City departments, agencies, boards and commissions. See. 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. See. 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 1/o) 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 prune 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 MINME 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. 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, § 1) 1 s READING PUBUC ;E /; Qj'NG 3 rd UAMNG NOT APPROVED REFERRED PASSED 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, lndia—na CITY CU:j i K, S, Q. !4• CITY OF SOUTH BLND STEPHEN J. LUECKE M AY01R DEPARTMENT OF ADMINISTRATION & FINANCV GREGG 1). ZIENTARA CONTROLLER March 9, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Filed d��tt� �f��Dtti Ci'I`Y O�J7'" SEND, IN re: 1S 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 its original version, was submitted to Council for consideration on February 23, 2011, with Irt read at the Council meeting on February 28, 2 read, 3 read and Council vote on March 14, 2011. City Administration herewith files a 1'E Substitute to Bill 07 -11, amending certain language omitted from the original filing. The omitted language is contained in Section III of the Substitute Bill, whereby "The monies appropriated within this ordinance from Major Moves Fund (#412) will be repaid from TIF Northeast Residential Fund (#438) to the Major Moves Fund (#412) beginning in fiscal 2012, with a principal and interest payment commencing August 15, 2014 and ending February 15, 2029. Interest will accrue from the date of appropriation ". This language, added to the bill, will ensure that the desired infrastructure improvements are paid for by TIF financing and to secure repayment from the TIF 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 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. Further background is provided with the following language from the original bill cover letter correspondence of February 23, 2011. "The Triangle Development project is a construction project defined as 55 -60 residential properties, 70% at market rate pricing and 30% affordable pricing. The appropriated funds will be used to pay for the public infrastructure improvements including roads, curbs, sidewalks, street lamps, sewer lines, etc., per the approved architectural and project design. The original appropriation of $5.3 million was segmented to include $4.1 million related to Eddy Street Commons and $1.2 million to Triangle Development. Monies appropriated for the Triangle Development County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 / 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 f=und 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 t_uecke and Public Works Director Gilot will present this bill to Council at the committee meeting and at the Council session." Rega Gregg, ntara 1 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 CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2,000,000. FROM MAJOR MOVES FUNK ( #412) AND THE STUNT OF $400,000. FROM SEWAGE WORDS CAPI'T'AL FUND ( #642), FOR TOTAL APPROPRIATION OF $2,400,000., FOR THE PURPOSE OF INFRAS'T'RUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE STATEMENT OF PURPOSE AND INTENT On January 28, 2008, the Common Council adopted Ordinance No. 982408, 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 Iet 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 sum 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 III. 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. Attest: City Clerk 0.,e�- 6, /0 I 1_� � 6L- Member of the Common co&il f Presented by me to the Mayor of the City of South Bend, Indiana on the —day of - , 2_, at o'clock in. Approved and signed by me on the —in . 1st RE A j__7L?—n "Do V4D City Clerk ,day of 2—, at o'clock Mayor, City of South Bend Filed In fork"s in MAR -9 JOHN VOOR011 Cffy CLEIRK SOU7W BEND, fN U d� IT � �)u CITY OF SOUTH BEND , STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION 8z FINANCE GREGG D. ZIENTARA CONTROLLER March 9, 2011 Mr, Derek Dieter President, South Bend Common Council 4h Floor, County -City Building South Bend, IN 46601 Filed In l> `.' f!C MAiR0J2ld 11 ,lull° ;r DE CITYCL04 - SEND, IN 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 far 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 15t read at the March 14 meeting, committee meeting, 2"d read, 3rd read and Council vote on March 28, 2011. County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Phone: 574/235 -9216 Fax- 574/T;5_909 Tr)n. {17et,2 c c«-7 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. Regafqs, Gregg Zientara cc: Stephen J, Luecke, Mayor of the City of South Bend Gary Gilot, Director Public Works Jonathan Burke, Energy Director Filed in Clerk's office [MAR -03 20701 i JONN VOORD-E CIry C LERK.. SOUTH BEND, IN 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 I: 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 -11 I�d�ari� Ss.'Cr�u�CM��, .ia. � <i: .s : -. •u .�4T�Y 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 o'clock . m. 1st REAM 4r, arf- REFERRED PASSED ,2011, at Mayor, City of South Bend, Indiana Flied d Clerk - s Of1p., j N:AR - JDHIV Cl7Yc ZZ SD4j �i ge1vd3, lj 1400 CouNn -Crrr, BmLDnac 227 W. JEFFERSON BOuLEVAw SOUTH BEND, iNDLAkA 46601 -1830 PHONE 5741 235 -9241 FAx 574/235 -7670 C= OF S0M_H BEND STEPHEN J. LuEam, MAYOR ,DEPARTmEN T OF I..Aw CHARLES S. LEONE A1ADEAN M. DERosE OTYATTORNEY March 7, 2011 CHIE17ASSISTANTCrrYATrourEr Mr. Derek Dieter President, South Bend Common Council 4"' 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, l� ilk Ceork'y #i .—r' i / Thomas L. Bodnar TLBfcw� Assistant City Attorney d014N V00 ROE cffY C ,01K, SOUTH DEK0, IN THOMAS L. BODNAR CHERYL A, GREENE ANN -CAROL HASH JEFFREY M. JANKOWSKI LAWRENCE J. METErnR JEFFREY L. SANFORD JOHN B. BRODEN 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- 10 -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 I. 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 II. 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 III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common CounciV Gaun1sxi( 1',tq;W6ialiY:'s 1 + N t"Z -k'H'y ,r Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock m. SHEET 1 OF 1 Project: STP- S050(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 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 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 51-049rees 26 minutes 59 seconds East, along said southeasterly right of way Iine, a 00 feet to the northwesterly corner of a 0.348 acre tract of land as described Number 9906156 in the office of said Recorder, designated as point "304" o�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 corned 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 *�` :40.:��, Fa•:•.yy No. SO 439 r- STATE OF fr�; RONALD L. NOLAN Registered Land Surveyor SO 439 State Of Indiana 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;'•,Projtct Files - activtc-. x51497 SR 2 %Rcvised Design\Righi of Way\Parcef Files 147.147 Sl3en&Ljoc A.0 191. • ?i �i �f 7 fir. p„_ � # `� F ':.. Ir fly �'- " -y��hL . a l -, 1 ro •i�r A � tx ....rte °'t � G � 1�i _, ka � �'{ ✓ _ '� �Y�S� ? �.S;�K � sr.,� � �yi�`�� � Lz- � �. d tiA� �^ fit fiPiP YJ r Y r: i i try pR'�:_ 1 y -."y _ 1 Vs'- •" ,� Syr :''y �. . s.. x 4': t-,y i�t x�;t -�. �•4 ti' "�' 5 a° '`*. S . 4 y. �,. ' i� K� s _ Y •; ;, z t� 1 � 1 k .„�,./''��y • ? �.,!`' � -.. 4� �+Y �1�is �qs ki ��� S t �`'. p U� : r - 17 ,. 101. Mews Vire� ,y ✓1, .r9, i�'�? 1?! f ,_ ,5 {' S�� ::, tt. ;tom �o,�_� am r 1� . ] „�'. . Indiana Department of Transportation Waiver Valuatic ::''Q° ''- i= ! "'r—. ::a.M •� .�,n,� frnRass t•....�f..; R. +i °lu�i.: '1.;. ..71 !.i is 1 «4. cf :n. u% Ysscny:u EXHIBIT "B" SHEET 1 OF 2 RIGHT -OF --WAY PARCEL PLAT PREPARED FOR INDIANA DEPARTMENT OF TRANSPORTATION . BY WESSLER ENGINEERING GygA�y r° a tix �• o� 1wh - 40 rt F 007 EM P.O.T. 90+00.00. °S1OA -PR" P.0 C. 58+69.413 'A --PR" OF * J304) RIGHT -OF -WAY ' -0.086 ACRES (3,780 SQ. FT.)f 11 ?A - 147 OWNM— CITY OF SOUTH BEND, INDIANA DIUM •91': my 3 -05-10 WDII~ 3785 C BY. RLN 5-74-1 `• S1P- S050(007) DZ& NO., 5133615 COID: S.R. O DEED INS1R. NO. 8417354. DATQI 05-14 -1984 Ste' ST: JOSEPH SG:IO)It: 6 TAX 10 KEY. 71 -09 -06 -176- 028.000 -OZB TOWNSHIP- 37 -N HATCHED AREA IS 114E ROGN. 3-E APPROXIMATE TAKING =M�AM tMMM AWN r�=C= MXUMM Ides #: 9133615 , Parcel: 147 Owner: The City of South Bend 'NDIANA DEPARTMENT : OFTRANVORTAITON ,Driving Indianes ��oa�cirra��'�row.ttx 100 North Senate Avenue Room N642 Indianapolis, Indiana 46204 Mitchell E. Daniels, Jr., Governor Michael B. Cline, Commissioner UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: PARCEL: ROAD: 00p CO[�VTY: TO: Ci of South Bend, Indiana 227 W. Jefferson Blvd. 1400 City County Bldg, Ste. 1200 South Bend, IN 46601 STP -5050 007 147 CODE: 3786 SR 23 St. Joseph 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 ro er (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 roe ) (easement) we want to acquire from you is $ 1,900.00 , and, therefore, the Indiana Department of Transportation offers you $ 1,900.0o for the above described ro er ( easement). You have thirty (30) days from this date to accept or 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: By law, the Indiana Department of Transportation is required to make a good faith effort to purchase (your eroperty) (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. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of ( our ro er ) (an easement), the Indiana Department of Transportation has the right to file suit to condemn, and acquire the ro er ) (easement) 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 onde acquire our proper) (an easement) and the court grants its request to con will then appoint three appraisers who will make an independent appraisal of the ro er easement) to be acquired. 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 amount 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 Emperty 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 N£42 Indianapolis, Indiana 45204 -2249 Attn: Office of Real Estate Phone: 317- 232 -5300 This offer was made to owner(s): City of South Bend, Indiana of ST. Joseph Coun on (Date) _ By: Stephen J. Luecke - Mayor of St. Joseph Coun on (Date) of on (Date) of on (Date) BY: ignature) Mary Loy (Printed Name and Title) Agent of The Indiana Department of Filed In Clerk's Of(IC9 JOHN VOORDIE CITY M11 SOM BININD iN 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 form 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 S 1,900.00 made by the Indiana Department of Transportation on this day of ,20 11 City of South Bend lidla>r� By: Stephen J. Luecke - Mayor - NOTARY'S CERTIFICATE STATE OF Indiana SS: COUNTY OF St. Joseph Subscribed and sworn to before me this My commission expires: My county of residence is: day of ,20 11 (Signature) (Printed) Notary Public RESOLUTION NO. 2031 -1 A RESOLUTION OF THE .BOARD OF PARK COMMISSIONERS OF THE CI'T'Y 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 Corramissloners) 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 wader I.C. 36- I0- 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: I. The Board of Park Commissioners authorize the transfer of that portion of 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 day, of February, 2011 CITY OF SOUTH BEND BOARD OF PARK COMMISSIONERS :Robert Henry; President ATTEST; William Carleton Executive Secretary Robert Goodrich, Vice - President Thomas Kelly Garrett Mullins I Indiana Department of Transportation Waiver Valua LEGAL DESCRI[PTION - PERMANENT R/A EXMBIT "A" .Project: STP- S050(007) Code: 3 786 SHEET I OF I 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 ,# 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 an the attached Right Of Way Parcel Plat; marked Exhibit "B , described as follows; Cornmencing at the northeasterly comer 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 Systenn, 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 load as described in Instrument Number 8406534 in the Office of said Recorder, being the Paint 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 line, 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 39 degrees 33 minutes OI seconds East, along the northwesterly boundary / of said 0.348 acre tract, a distance of 140,00 feet to the southwesterly corner ofsaid 0,349 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 comer of aforesaid 0.125 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 I9, 2010 G% ���n tiasntaixnaayt� , RONALD L. NOLAN Registered Lan d Surveyor SO 439 ��•, eke i9 State Of Indiana N0. ° l•a STATE' aF fo This description was prepared for the Indiana Departrnent of Transportation by Ronald L. Nolan, Indiana Registered Land Surveyor, License Numbcr LS80040439, on oc 19"' day of May, 20, 0, 1 .x: Fife., aoh C i }i t ;9" SR _3 Re %i,ec# 11+ 1 +u - ._ rrrf Files # -j. i.,,, S8Q],j.ck"t .ides ##: 9133615 Parcel: 147 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 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 1�day of February, 2011 CITY. OF SOUTH BEND BOARD OF PARK COMMISSIONERS Robert Henry, President Indiana Department of Transportation Waiver Valuatio SHEET 1 OF 1 EMBI.T "A" ]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 b, 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 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 comer 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 of said 0,348 acre tract, a distance of I40.00 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 comer 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 RONALD L. NOLAN Registered Land Surveyor SO 439 State Of Indiana This description was prepared for the Indiana Department of Transportation by Ronald L. Nolan, Indiana Registered Land Surveyor, License Number LS80040439, on the 19" day ofMay, 2010. 1' proi:i: File.; • w? Rc� iscJ VL- gr, Riglri ;u 11' „1' P.. "l:I F0. 1 i" 1 7. [ , .d, Des #: 9133615 : ParceI: 147 Owner: The City of South Bend 9 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 46601 And The City of South Bend Park Department 321 E. Walter Street South Bend, IN 46619 (3;11 1J0 I l - 19 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. WIGHTMA ETRIE SURVFYING ENGINEERING ENVIRONMENTAL r.ANDSCAP @ARCHITECTURE 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. Ra inski Vice President RESOLUTION 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 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: 501 W. South Street, South Bend, IN 46601. in order to permit expansion of the existinlz Stanley 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 111. 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 Filed in Ciork',�.. :`,�: FEB 0 .. 4 JOHN V002M WY CLERK, SOO 4V`140, IF 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 David M. Rafinski Vice President WIGHTMA ETRIE SURVEYING ENGINEERING ENVIRONMENTAL. LANDSCAPE ARCHITECTURE x:' �� 3�tl.L3�.�IVW1F{9iAA �� y�OnO” f"p ,u•�• „r 9� � d _S' '' '°•� EE MEER �W. W{NgY151N5373h07 *cols County Parcels Rea PARCELID NAME-1 MAILINGAD MAILINGCIT MAI MAILIN I PROP—ADO PROP_CITY PR PROP ZIP D LIN GZIP R OP SOUTH SEND 11018-3013- REDEVELO PMENT COMMISSIO 1200 County LOT 5 & 6 1 0488 Ply Bldg South Bend IIN 46601 FRANKLIN South Bend JIN 1 46601 227 W CITY OF Jefferson 6 012- SOUTH Blvd Ste 11200 501 2 BEND South Bend IN 46601 WESTERN South Bend IN 46616 333 018 -3409- GMS P O Box LAFAYETTE JIN 1 3 0311 REALTY INC 4056 South Bend iN 46634 (LOT 406) South Bend 46601 SOUTH BEND REDEVELO JC PMENT 018 -3013- OMMISSIO 1200 County 4 0501 N City Bldg South Send IN 46801 SOUTH B[;ND REDI"VELO PMENT 018 -3013• COMMISSIO 1200 County 60502 N City Bldg South Bend IN 46601 CITY OF SOUTH BEND 016 -3013- STATE OF 1200 County 6 0467 INDIANA City8fdg south Bend IN 46601 WILLIAMS South Bent! IN 46614 ENTERMISS ION INC FKA 018 -3013- KO OP 65 630E 70457 INC University Dr Granger IN 46530 408 TAYLOR South Bend IN 46616 a 0 z #ON HILL MISSIONAR Y BAPTIST 018 -3015- CHURCH 310 Monroe 310 910544 INC St South Bend IN 46601 MONROE South Send IN 46628 10418-3012. GMS 333 10 052 REALTY ING Po Box 4056 South Bend IN 46634 WESTERN South Send IN 46601 KENTUCKY 018 -3012- DATA LINK Attn: Anthony 10yedand 11 041201 INC Candelarfo Park KS 66214 318 TAYLOR South Bend IN 46601 CITY OF 227 W 018 -3009- SOUTH Jefferson 120308 BEND Blvd South Bend IN 46601 UNION I STATION 6661 018 -3043- PROPERTIE Lonewoy Dr. 320 S 13 165902 5 L p Sutte #100 South Bend IN 4$628 SOUTH 46625 STUDEBAK 18 VAC LOT 018 -3018- ER CENTER 221E Jackson STUDEBAK 140652 LLC St Phoenix iAZ 85004 ER SCHOO South Fend IN 46617 STUDEBAK ER CENTER LLCSEE 2930 E 18 VAC LOT 018 -3018- TRANS Camelback ON SOUTH 15.0653 INOTE Rd Ste 215 IlPhoonix AX 85016 ST South Bond IN 46617 STUDEBAK 18 VAC LOT 018 -3018- ER CENTER 22E Jackson COR SOUTH 16 0657 LLC Sf Phoenix A2 $5004 + MAIN South Bend IN 46614 018 -3012- GMS P O Box 403 17'0445 REALTY INC 4056 Ismith Bend IN 46634 WESTERN South Bend IN 46601 CLAEYS GREGG & 018043- i DON H P.O. Box 525 TAYLOR 1811653 CLAEYS 1535 South Bend IN 46634!$T 46625 SEIFER 018.3015- JACK W & 306 W 306 W 19 054501 JILL S Monroe South Bend IN 46801 MONROE South Bend IN 46613 UNION STATION 6661 506 W 018 -3043- PROPERTIE Loneway Dr. SOUTH 20 165801 S L P Suite #100 South Send IN 46628 STREET 46625 227 W CITY OF Jefferson 018 -3013- SOUTH Blvd Ste 420S. 21;0479 BEND 120D South Bend IN 46601 WILLIAM South Bend !N 46624 SOUTH SEND REDEVELO PMENT 018.3013- COMMiSSIO 1200 County 415 22 0487 N Pty Bldg South Bend IN 46601 FRANKLIN South Send IN 46601 CLAEYS GREGG & DON H CLAEYS LSD $O -3014- BEND DEPT PA. Box 6208 231018 0512 OF PARKS 15$5 South Bend IN 46634 TAYLOR ST 46625 CtAEYS GREGG & ON H CLAEYS LSD SO 018 - 3014 - BEND DEPT RO. Box 626S 24 0514 OF PARKS 1535 South Bend IN 46634 TAYLOR ST CLAEYS GREGG & 018 -3043- DON H P.O. Box 625S 25 1650 CLAEYS 1535 South Bend IN 46634 TAYLOR ST ]46617 CITY OF SOUTH 018 -3015- BEND 1308 County 520 26 0563 INDIANA City Building South Bend IN 46601 LAFAYETTE South Bend IN THE CITY 018 -3015- OF SOUTH 1308 County- 316 MAIN $ IIN 27 0581 BEND City Bldg, South Bend IN 46601 SOUTH South Bend 46617 SOUTH BEND REDEVELO 018 -3015- PMENT 1200 County 280580 AUTHORITY City Bldg South Bend IN 46601 517 MAIN South Bend IN 46617 SOUTH BEND 111N REDEVELO Icily 018 - 3(115- PMENT 1200 County 29 0579 AUTHORITY Bldg South Bend 46601 515 MAIN South Bend 1N 46617 SOUTH BEND REDEVELO 018 -3015- PMENT 1200 County 30 0578 AUTHORITY City Bidg South Bend IN 46601 511 S MAIN South Bend IN 46601 SIEFER 018 -3015- JACK W & 306 W 50i S 31 0545 JILL 5 Monroe South Bend IN 46601 LAFAYETTE South Bend IN 46601 SOUTH BEND REDEVELO 018 -3015- PMENT 1200 County 32 056301 AUTHORITY City Bldg South Bend IN 46601 BELL PATRICIA J REV TRUST PATRICIA J BELL & JULE L BELL 4844 018 -3015- SR CO Hampshire 210 3310676 TRUSTEES Ct #107 Naples FL 341 12 MONROE South Bend IN 46601 3- hCtOMMISSIO [City Bldg my South Bend IIN f 40801 FRANKLIN 4 South Bend JIN 1 45601 018 -3013 SEIFER MONROE 018 -3016- JACK W & 306 W South Bend IN 6031/2 South Bend IN 340546 JILL S Monroe South Bend IN 46601 LAFAYETTE South Send IN 46601 SOUTH 018 -3013- GATES 401S 404 BEND 3910483 REALTY LLC Lafayette BI South t3end IN REDEVELO SOUTH PMENT 018 -3013- COMMISSIO 1200 County FRANKLIN 35 0499 N City Bldg South Bend IN 46601 LOT29 ALL South Band IN 46601 SOUTH PMENT BENCH 018.3013- COMMISSto 1200 County REDEVELO 40 049301 PMENT South Send IN 46601 WESTERN 018 -3013- COMMISSIO 1200 County 410 3610476 N City Bldg South Bend IN 46601 WILLIAMS South Bend IN 46601 SOUTH BEND REDEVELO REDEVELO PMENT PMENT 3- hCtOMMISSIO [City Bldg my South Bend IIN f 40801 FRANKLIN 4 South Bend JIN 1 45601 018 -3013 COMMISSIO County MONROE 38 049302 11200 N City Bldg South Bend IN 46601 ST South Bend IN 46601 GATES & 018 -3013- GATES 401S 404 3910483 REALTY LLC Lafayette BI South t3end IN 46634 WESTERN SOUTH BEND REDEVELO PMENT 018.3013- COMMISSto 1200 County 40 049301 N City Bldg South Send IN 46601 WESTERN South Bend IN 46601 SOUTH BEND REDEVELO PMENT 018 -3013- COMMISSIO 1200 County 41 0493 N City Bldg South Bend IN 46601 FRANKLIN South Bend tN 46601 227 W CITY OF Jefferson 018 -3012» SOUTH Blvd Ste 507 42 0424 BEND 1200 South Bend IN 46601 WILLIAMS South Bend IN 46616 018 -3012- GMS P O Box 411 1310435 REALTY INC 4056 South Bend IN 46634 WESTERN South Bend IN 46615 CITY OF SOUTH BEND DEPARTME NT OF 018 -3014- REDE~VELO 1200 County 501 W. 440616 PMENT City Bfdg South Bend IN 46601 SOUTH 46625 HOUSING AUTHORITY 018 -3049- OF SO 628 W 628 451839 BEND Washington South Bend IN 46601 WESTERN South Bend IN 46601 ENTERMISS ION INC FKA J" 018 -3013• KO OP 65 630 E 526 46 045601 INC University Dr Granger IN 46530 WESTERN South Send IN 46619 100418-3013. ENTERMISS 630 E 520 47 56 ION INC University Dr Granger IN 46530 WESTERN South Rend IN 46601 630 E D18-3013- ENTERMISS UNIVERSITY 518 40 045602 ION INC DR Granger IN 46530 WESTERN South Bend IN 46628 018 -3013- ENTERMISS 630 E 516 49 045603 ION INC JUniversfty Dr Granger IN 46530 WESTERN South Send IN 46628 CITY OF SOUTH BEND 018 -3013- STATE OF 1200 County 502 50 0465 INDIANA City Bldg South Bend IIN 1 46601 WESTERN South Bend IN 46614 CITY OF 018 -3013- SOUTH 1200 County JIN 1 416 51 4474 BEND City Bldg South Bend 46601 WESTERN South Bend IN 46628 GATES A 018 -3013- GATES 401S 410 52 048301 REALTY LLC Lafayette South Bend IN 46601 WESTERN South Bend IN 46601 SOUTH BEND REDEVELO IPMENT 018 -3015- COMMISSIO 1200 County 401 53 0536 N City Bldg South Bend IN 46601 LAFAYETTE South Bend IN 46601 GMS REALTY CIO 016 -3015. LARRY P 0 Box 402S 6410552 GATES ' 4050 South Band IN 46634 LAFAYETTE South Band IN 46601 OiB -3015- CORRECT CITY OF 432 59 0566 SP FR DEED 4488 0110013- SOUTH 1200 County JIN 46601 414 55 0477 BEND City Bldg South Bend IN 46601 WILLIAMS 46625 018 -3013- 018 -3013- JAWORSKI 415S 416 415 BEND 1200 South Send 56 0468 DANIEL William St South Bend IN 46601 WILLIAMS 46625 SOUTH BEND DEPT SWEET 018 -3014- OF PUBLIC 301 S St 67 051501 PARKS Louis Blvd South Bend IN 46617 SOUTH CHURCH PO Box 6718 South Bend IN 46660 TAYLOR ST South Bend IN 46601 018 -3016- BEND 412 33 0555 REDEVELO South Bend IN 46617 LAFAYETTE South Bend IN 46617 PMENT 018.3013- COMMJSSIO 1200 County S. 68 0498 N City Btdg South Band IN 46601 FRANKLIN South Bend IN 46601 018.3046- RESCUE 309S 14 164101 INC DBA IN 46601 TAYLOR South Bend IN 46601 018.3012- I HOPE 410W. 5 044002 OiB -3015- CORRECT P O Box 432 59 0566 SP FR DEED 4488 South Bend IN 46834 LAFAYETTE South Bend JIN 46601 227 W CITY OF Jefferson 018 -3013- SOUTH Blvd $to 416 60 0478 BEND 1200 South Send IN 46601 FILLIAM South Bend IN 46601' 016 -3013- 61 047401 SWEET HOME 018 -3013- BAPTIST 410 S 62:0459 CHURCH PO Box 6718 South Bend IN 46660 TAYLOR ST South Bend IN 46601 018 -3016- WlGHTMAN1412 412 33 0555 PETRIE lNC Lafayette South Bend IN 46617 LAFAYETTE South Bend IN 46617 ST PATRICK CHURCH DIOCESE 018.3046- OF FT 309S 14 164101 WAYNE 309 S Taylor South Bend IN 46601 TAYLOR South Bend IN 46601 018.3012- GMS P O Box 410W. 5 044002 REALTY INC 4056 South Bend IN 46634 WAYNE South Send IN 46601 -3012- GMS P O Box 4018. Z018 6 0447 REALTY INC 4056 South Bend IN 46634 LAFAYETTE South Bend IN 46601 ® �7 @ § ƒ © �2 §R 2! ■� .)\�4 % ■ƒƒf \ � q 0 $ w � |k #JJ ( \+|| ( \ {" @ ■ ±■ 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 & PAR I S I I-?, C'I PL 1_ZSU'ANT ARFIA BOARD OF 70NjN`C1 AN'E_ALS c T i. -M IF F.) -, '.S'z Nv I I_!_ I Ot.'S •n PL'I c(IMNI"NI•Y OR (3) BE D&N eionn-icill and us a: pl-cstiliz;C1 "�jl: build11IL. firc jj-,'jfj_jC_ alld scllzrzql %vc�"ar' o"ll l il: Iu- ADJACEN] ARE— OR PROPEA�_'_) V -Al r:,S Th'z N-aviance or use shaft jmpro-,'� Or t1lC V17ld t1le pr. �pc:n iz 'T) ILL BE C'FIARACTE Ol -i f- T, R 0 s I.- 17 IS LOC.ATED AND THf_'. L.1,1N E.) 1_ S!=S AUTIAORIZFD Condition- on tllc plvp�rr' predate thic Zonin.' 'Drdinallce. "Olich Crz-ajkF a differ -_w condition J'C' tj',iE; 4. 'THE IIP.C)l UK 1S C'l)MPATIJ Lf, \ \'I'7'1- I'1 "1 -Ii= )iI: Carl MIND,A I C) C!" I 3 - C A I- is the Doard Gln' [hr N aiance is blendillL, into• tjld. Compi-clie"IsiN� PkAT) c O-NI, ID FY I N s U PN R1. VISIONS: I' Board -lIa-. fllis reque, C I-D is rlC Dn% or s 1C) -11 C H A F- I !'%.Fi A S 1, =X RAN-L-)ALL =X j. a C K 4 C-) L"N' (-I =X� GLRALT) PI-111PPS A, SSE r�7 EED JOE 1E 2 P, EN D A N C R t M L I S 1-1 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 Nom- U-zZ Re: Petition Seeking 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 Pro e Qw-ners: a. Manuel Villegas, 4351 Fox Fire Drive, South Bend: Indiana 46628, 574 -855 -8001; b. Marco A. Villegas, 3432 West 66"' Street, Chicago, Illinois, 60629, 708 - 250 -2893; c. Juan Ramirez, 3801 W. Sherwin Av., Lincoln Wood, Illinois, 60712,312-666-8888. 2. Location of Pro Te a in Petition: 2222 West %shington, South Bend, Indiana 46628, 3. Name Address Phone Number of Person presenting Petition: Attorney Michael L. Lipsky, 115 S_ Lafayette, Suite 116, S. Bend, Indiana 46601 Phone: 574 -387 -4744 Fax: 574 -389 -4743 mikelaw2000 0dyahoo. corn 4. Zoning Classification and ToRnshi : Light Industrial / Portage Township 5. Statement of Variance Requested: My client's are seeking a special use exception to allow for an indoor recreation / indoor soccer facility. I: The r used use will not be incurious to the public health safety, corn communi moral standard, convenience or eng eral 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 will 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 owners. Further, the current property has sat vacanty 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 fancily 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. II: The pLgposed. use will not injure or adversely affect the use of the ad'acent area or ro pM values therein. The neighboring properties, being within a light industrial zone, will not suffer any negative 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. 7he use of the property as a community oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property oviners 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 consistent Keith 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 community. 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 .Comprehensive 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 growth 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 Jim Markle, City of South Bend Design. Plan Review Specialist, who has advised my 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 encouragitig 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 will 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. "It\ A Respectfully Submitted: Michael L. Lips &00"% Attorney for Petit ner's 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- 915.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RE, SOLVED BY THE COMMON COUNCIL OF THI CITY OF SOUTH BEND, INDIANA as follows: SECTION 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 1H. 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 TAT. 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 ��Cv'�,.u.i.•5' ... w.. Wes' Y y � �iY a51M3'��.}it �c.ms e F . ii.'�'��f - x....'�• Filed In Clerk�s FasCITY �t,E6, IN _E TED V.'VOPTE cirs) .=i Im z m 0 A Q NZ, 429.7r v v 3MMY 2-tul 1* ga ;n C2 'o mss? @¢ o E-1 0 .E, er-o� BALM r Peter H. Mullen Auditor Name Address 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 Variance lie nest c )� y Phone 8 AM to 4:30PM .�0 7 — 7 Cynthia A. Bodle Chief Deputy Auditor Date of Request 1 —� —� _ Time of Request 3.00 300 ft variance Address Key # /ff Misc - 36 /,-2.0/ Pick up date 1— ,2- �� Pick up time r 00 •nh Parcels Cnunty Parcels PARCELID NAME —1 MAILINGADD MAILINGCIT A LI NWILING i 018 - 2021 -0649 DAVIS LEON V, AND LOIS 203 Tuxedo Dr South Bend IN 46615 018- 4096 - 358101 ST JOSEPH COUNTY County City Building South Bend IN 46601 018- 4096 -3579 JABEZ HOLDINGS LLC 4625 W WESTERN South Bend IN 4661 018 -2023 -0713 REBEL PROPERTIES LLC 1797 Troy Lane Oceanside CA 92054 018 - 2021 -0642 HABITAT FOR HUMANITY 1402 E South St South Bend IN 46601 018- 2023.0723 CITY OF SOUTH BEND BOARD OF PUBLIC WORK 227 W Jefferson South Bend IN 46601 018- 2021 -0646 PAULINE 110 N. Carlisle St. South Bend 46628 CITY OF SOUTH BEND, 1NDIANAIBOARD OF PUBLIC 018 -2023 -0724 WORKS Rm 1308 County/City Bldg South Bend IN 46601 018 - 2023 -0725 TROTTER JAMES C SR 125 Olive St South Bend IN 46628 018 - 4097.361202 BATTEAST WAREHOUSE PARTNERSHIP 430 E Lasalle Ave South Bend IN 46617 018 - 2020 -0612 • TROTTER JAMES C SR 125 Olive St South Bend IN 46628 018- 2020 -0613 LENOX IDELL WILLIAM 12203 W. Washington South Bend IN 46619 1018-2020-0615 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 466E 018- 2020 -0609 BOURLIER CAMILLE R 576 Brush Tr Niles MI 4912 CITY OF SO BEND /BD OF 018- 2021-0641 PUBLIC WORKS 1200 County City Bldg South Bend IN 4660 COLLIER STANLEY E AND 0182020 -0610 KATHARINE E 116 N Huey South Bend IN 4662 018- 2021 -0643 BROWN OTIS 114 N. Carlisle St. South Bend IN 46628 RCMC'SEE TRANS HIST 114 7 Eat les e"I 018- 4097 -3654 NOTES` % JOHN C HELPLER Prescott AZ 8630 018- 4096- 358104 NICKLAS JEFFREY A 702 College St South Bend IN 4662 NEWBORN ODELL AND JIN 018- 2021 -0646 PAULINE 110 N. Carlisle St. South Bend 46628 018- 2023 -0720 JJENKINS WILLIAM J AND CEOLA JAMES 22229 W Washington South Bend IN 46628 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 018 -2039 -1335 111 NORTH OLIVE LAND 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 01 8 - 4096- 358 1 1 5 DERIDER CAPITAL INC 618 Sweetwater Cove BI South Longwood FL 32750 HABITAT FOR HUMANITY 1018-2021-0651 JINC 402 E South St South Bend IN 46601 IMOORE MARSHALL JR & . . - —1 018 - 2021.0652 (!VIOLA D 3045 Portage Prairie Trl INDIANA POSTAL HOLDINGS LLC 47.043% AND J LEONARD SPOOEK 41.923% AND MELVIN 018 -4096- 358102 SOBEL 11.034 % 123 Grove Ave 018 4096 3578 f CITY OF SO. BEND 1400 Cty -City 018 -2021 -0648 HABITAT FOR HUMANITY 402 E South St 018- 2039.1334 111 NORTH OLIVE LAND ITRUSTLLC 111 North Olive St 018- 2021 -0638 BEAN JIMMIE E 116 N Olive St 018 - 2021.0639 HARRISON LONNIE J 117 N Carlisle St 018- 2001- 000901 HIC INVESTMENTS LLC PO Box 2288 018- 2020 -0616 HARRIS EVON A 1620 S Michigan St 018- 2020 -0617 TUKES LORNA 2010 W Linden St 018- 2039 -1336 111 NORTH OLIVE LAND TRUST LLC 111 N Olive St 018 -2021 -0644 BEAN JIMMIE E 116 N Olive Street 018 -2021 -0645 HABITAT FOR HUMANITY INC 1 402 E South St Cedarhurst IN) South Bend JIN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IIN 46601 4661 Bend IIN 1 4660 1.1 018 -2039 -1333 TAYLOR ROSLYN JANEEN 1421 Burnham Ave Calumet City IL 6040 018- 2023 -0715 GORDEN DIANE M AND BRYANT DIANE M 215 N Gladstone Ave South Bend 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 018- 2020 -0606 HUDSON LONELL & LIZZIE MAE 113 N Huey St South Bend IN 4662 018- 2020 -0607 COLLIER STANLEY E AND 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 COUNTY 1200 County City Building South Bend IN 46601 018 - 2020 -0603 FUJAE P O Box 4342 South Bend IN 46634 016 -2020 -0604 AL- TIMIMI WEFT 122 Huey South Send IN 46628 018 -2023 -0714 CITY OF SOUTH BEND 1200 County -City Bldg South Bend IN 46601 018 -2021 -0636 K[MBROUGH JANICE 121 N Carlisle St South Bend IN 46619 018 -2021 -0635 HARRISON CASEY J & LATONYA J HARRISON AS JT W /ROS 126 North Olive St South Bend IN 4662 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 46628 018 - 2023 -0712 PADILLA JUAN 1314 W Dubai[ St South Bend IN 46613 018 - 2003 -0032 SOUTH BEND PROPERTIES LLCSEE NOTES4771 LTWD 06 -17 -03 2001 WEST WASHINGTON South Bend IN 46628 018 -2001 -0009 HIC INVESTMENTS LLC ATTN MICHAEL. MORRIS PO Box 2288 South Bend IN 4668 tl I L 0 125 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 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'li-LI"GAS & IZAMOZEZ _1W\ PL2RSL_'ANI . PFCIAL F )',C7 F-IF I ARE'A, #3OAFZJ7 OFZONI G APPEALS INJUJ'.')j2S -r C) -f'f-iE PUBLIC Hl_�',LTHI. SAFF_�_[_Y. CONIFOR'T. C,C)MV! 'ALWE .1-CAUSE: -a' a14,ing re.gulntiotl� _-iof wic" US,!• t1_ VI CU Iy, p J_\ ,N Ah all bu ilding. i IT'C' T! ffic� and 1), THE pRC")TIosI--_D C''s.L NC.)T !NJ,,:RJ._.'C)R AFFECTI.-HE (,)I- S 17: c,r use of thc nei g 11 borh,) ,d, 81JCJ N\ 11; rc,;? i 1j_Hf_" PRIC)POSED ,',r \+ 1;_j _' , NS) ST N M21TIJ CI__j.AFAC"rF_-! 01- THE TT,'JCT 1 LN \'1'H! <-!-1 D 0 1-1 j L I.-) I _SES AL TH(DR-17 EL)TH ERE) BF C./A!- SF I Concji'LiOns on th Z)rQdau, the zoniw' ui,jccl-; crcea.:.s o differen, Oondition f"or this propel C) TH PROPOSE ID l_is I,-- IS CON I PA'rTf_3I_J'I-' WITJ 7 T-1 U_ 1',"i E',DATI O. 'S OF 'TI i F3ECAL'SE: -all Comiprehznsiv2 P�a a T-� i' no =. 1'. i'. -':]E f64hnc ofih�; Board th-,r, the varianc,,- i5 bienJillL ilitc, flio o%c�f s (roll -. i!'� in-lon'- c01' D FIO Is OR RE\ —C iT ls T_IIr:RjEF ()RT 1;)e. de_jsio!; 5oard th 'aL this reques-I for Special lz_-Cc!j cowl':i! a: FAN OLRABI-F-I C•. 112rcil. YES NO F ERK _A'_D PHIPPS Lx AESEN7 ROBERT JOT_ V .'Ll—EM,,AN D DAN C P% L"M L,: S 14 t 803 U.YcOLh,vwAY Wr.si inuTil BE %o, .lid 46616 PHONE (574)?89 -1066 Fkx (574)M-4550 February 8, 2011 Area Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 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- 4918.4) 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 -3066 x 203 patlynch@sbheritage.or� Zoning classification & township: SF -2; Portage Township 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 909 NEST 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. SEC'T'ION 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 b. Filed to Clerk's Office I �ft-] JORN V61111.1pDr. CITY CLERK 9(," '• *+ SEND, IN -cu � �AtiL— r«; � L.I e� -7 11 cels County Parcels Rec PARCELID NAME-1 MAILINGAD MAILINGCIT MAI MAILIN PROP ADD PROP—CITY PRO PROP 2 Rd 1 Apt 243 Webster TX 77598 LASALLE D IN L1N GZIP R P 5F IP PHILLIPS IN 1657 018 -1025- DANNY & OPPORTUNI 1 Commerce 932 1 1072 LISA K 832 W Colfax South Bend IN 46601 832 COLFAX South Bend IN 46601 018 -1042- 701 W 018.1027- WILLIAMSO 2 1820 930 10 1195 N CHARLES Avenue South Bend IN 46601 LASALLE FORESTER IN 46601 FRICKSON SIDNEY T ROBERT L & 018 -1027- JR & 215 Seebirt 926 VAC LOT 11 1196 3 1199 SERENA A PI South Bend IN 46601 SEEBIRT South Bend IN 46601 FORESTER ROBERT L & SIDNEY T 018 -1027- CHERYL 926 W VIL AOJ 922 018 -1027- JR & 215 Seebirt Lasalle ISouth Bend IN 215 South Bend IN 46628 4 1204 SERENA A PI South Bend IN 46601 SEEBIRT South Bend IN 46601 Hill Apt 20 South Bend FORESTER 46614 LASALLE South Bend IN 46601 CLINGER SIDNEY T ESTHER C. 018 -1027- JR & 215 Seebirt % BOWLING 914 W VAC LOT 10 914 5 1205 SERENA A Pf South Bend IN 46601 SEEB[RT South Bend IN 46601 SOUTH BEND HERITAGE 803 018 -1025- PROPERTIE Lincolnway 126 6 1067 IS LLC West South Bend IN 46616 LAPORTE South Bend IN 46616 1938 018 -1027- AMARUSp Meadow 938 1192 JOHN Brook Rd Merrick INY 11566 LASALLE South Bend fN 4661 018 -1027- ISOSOLA JBOO W Nasa 1 936 8 1193 ADRIENNE Rd 1 Apt 243 Webster TX 77598 LASALLE South Bend IN 46601 PARTNERS IN 1657 018 -1027- OPPORTUNI 1 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 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 ILASALLE ROBERT L & 018 -1027- CHERYL 926 W VIL AOJ 922 12 1197 KAY Lasalle ISouth Bend IN 46601 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- % BOWLING 914 W 914 14 1202 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 M1 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 1811063- 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 1 46601 923 COLFAX South Send IN 46601 098 -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 803 Lww South Bend IN 46616 COLFAX South Bend IN 46609 HAMILTON JOHN C & MILLER LYNN M AS JOINT 018 -9027- TENANTS 23 1177 W /FRGS 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 Send IN 46616 SOUTH BEND HERITAGE 098 -1027- FOUNDATIO 803 Lincoln 25 1178 N INC lWay West South Bend IN 46616 909 COLFAX South Send IN 46601 FEDERAL NATIONAL MORTGAGE 94221 Dallas 018 -1042- ASSOCIATI Pkwy ste 127 129 2611807 ON 11201 Dallas TX 75254 LAPORTE ISouth Bend IIN 46601 018 -1025- PROPERTIE Lincolnway 31 1068 S LLC West South Bend IN 46616 906 COLFAX South Bend IN 46601 SOUTH BEND HERITAGE 803 016 -1025- PROPERTIE Lincolnway 32 1069 S LLC West South Bend IN 46616 902 COLFAX South Bend IN 46601 018- 1025- 33 1070 BOGNAR LISA K HARTMAN 46601 836 COLFAX South Bend IN 46601 116 018-1025- SEND 018 -1025- GREG & 53700 HERITAGE LAPORTE 46601 COLFAX South Bend IN 46601 018 -1025- PROPERTIE Llncoinway 27 1057 ROGER BEECH RD OSCEOLA IN 46616 AVE South Bend IN 46616 1809 018 -1025- BROWN 110 Laporte 110 112 NOTES Av South Bend IN 46601 f828 COLFAX South Bend IN 46601 28 105701 VERA Ave South Bend IN 1 46616 LAPORTE South Bend IN 46616 018 -1042- VERTREES 133 -135 1133 135 29 1808 PHILLIP Laporte South Bend IN 46601 LAPORTE South Bend IN 46601 SOUTH BEND HERITAGE 803 018 -1025- PROPERTIE Lincolnway 146 30 1066 S LLC W South Bend IN 46616 LAPORTE South Bend IN 46616 SOUTH BEND HERITAGE 803 018 -1025- PROPERTIE Lincolnway 31 1068 S LLC West South Bend IN 46616 906 COLFAX South Bend IN 46601 SOUTH BEND HERITAGE 803 016 -1025- PROPERTIE Lincolnway 32 1069 S LLC West South Bend IN 46616 902 COLFAX South Bend IN 46601 018- 1025- 33 1070 BOGNAR LISA K 832 W Colfax St South Bend IN 46601 836 COLFAX South Bend IN 46601 SOUTH 018-1025- SEND - J V/L ON 38 107001 HERITAGE 803 46601 COLFAX South Bend IN 46601 018 -1025- PROPERTIE Llncoinway 130132 1064 S LLC West South Bend IN 46616 LAPORTE South Bend IN 46616 r34 018 -1042- 7238 Via ICA I 137 139 r4..., 1809 1MACKSLP Dicha La Verne 91750 LAPORTE South Bend I 108118-1 042- IL CCOLF'4X 116001 08th Ave Orland Park 1IL I 6046711COLFAX South Bend IIN l 46601 018.1025- 37 1071 PAUL M & LISA K 838 -840 W ColfaxAv South Bend IN 838 840 46601 COLFAX South Bend IN 46601 PHILLIP 018-1025- [DA & - J V/L ON 38 107001 A K 832 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601 BARNHART LEE F AND JANICE 018 -1025- LSEE 828 W Colfax 3911073 NOTES Av South Bend IN 46601 f828 COLFAX South Bend IN 46601 018 -1027- BARNH fig 839 841 46 1181 28 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601 HLIE912LZIle 018 -1025- L AND 828 W Colfax 018 -1027- TRUST FOR SEEBIRT 47 120501 40 107401 dANICE L Av South Bend IN 46601 828 COLFAX South Bend IN 46601 4811183 SUCOSKY 46614 LAPORTE South Bend IN 46616 BRUCE CRAIG S & ILASALLE PHILIPPE & MICHAEL DJ 816 No 816 VAC L8 49 1121 NOVACK LaSalle Ave South Bend IN 46601 South Bend IN 46613 EDDY 018 -1027- SCALIA 905 West STEPHEN 905 W JOAN A TRUST ES 4111179 MARISSA R Colfax South Bend IN 46601 COLFAX South Bend IN 46601 018 -1026- CHAMBERS -I & RES 23600 226 50 1184 831 W ICOLFAX 46614 LAPORTE South Bend IN 46616 42 1131 PAMELA 831 W Colfax South Bend IN 46601 South Bend IN 46601 MCCARTHY KEVIN T JR 018 -1027- & MOSS 4311180 CANDIDA 1901 Colfax South Bend IN 46601 901 COLFAX ISouth Bend IIN 46601 ANDRZEJE WSKt DAVID 018 -1026- M& 44 1132 CYNTHIA J i 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 018 -1027- EDDY fig 839 841 46 1181 28 W Colfax South Bend IN 46601 COLFAX South Bend IN 46601 HLIE912LZIle G VAC LOT 018 -1027- TRUST FOR SEEBIRT 47 120501 South Bend IN 46601 (LOT 10) South Bend IN 46601 018 -1027- 1 MWAWASt 14536 Hickory 1 219 1111200 1RUTH Rd Apt 2D Mishawaka IN 46545 SEEBIRT South Bend IN 46601 EDDY STEPHEN J & JOAN EDDY AS TRUST FOR STEPHEN J EDDY LIV TRUST & 018 -1027, RES LIFE 23600 1224 4811183 EST Roosevelt Rd South Bend IN 46614 LAPORTE South Bend IN 46616 BRUCE CRAIG S & ILASALLE 018 -1026- MICHAEL DJ 816 No 816 VAC L8 49 1121 NOVACK LaSalle Ave South Bend IN 46601 South Bend IN 46613 EDDY STEPHEN JOAN A TRUST ES OF ST HEN J DY LIV 018 -1027- -I & RES 23600 226 50 1184 LIFE EST Roosevelt Rd South Bend IN 46614 LAPORTE South Bend IN 46616 018 -1027- 1 MWAWASt 14536 Hickory 1 219 1111200 1RUTH Rd Apt 2D Mishawaka IN 46545 SEEBIRT South Bend IN 46601 018 -1027- K 220 Seebirt Soutn Bend IN 4t;bU1 LASALLL 220 IN 46601 52 1206 RENEW INC PI South Bend IN 46601 SEEBIRT South Bend IN 46601 53 0 tASALLE 59 1215 AND M.A. Lasalle Av 018 -1027- JAMES 46601 AVE South Bend 1N 46601 214 SOUVAGE TH 54 1171 KEVIN L 214 Laporte South Bend IN 46616 LAPORTE South Send IN 46601 018 -1027- BOYER 904 W HER. 904 55 120901 NORMA Lasalle Ave South Bend IN 46601 LASALLE South Bend IN 46601 60 1216 INC City Bldg South Bend IN 46601 LASALLE South Bend IN 46601 VIG 018 -1026- INVESTMEN 16 N 816 56 1120 T aSalle Ave South Bend IN 46601 LASALLE South Bend IN 46613 018- 1027 - BOBBOTT 3907 P 0 BOX 917 W 018 -1026 - LARRY D SR SAVANNAH LLC 566 812 IN 46530 LASALLE South Bend 57 1122 & TINA M PASS Mishawaka IN 46545 LASALLE South Bend IN 46613 018 -1027- SMITH GAY 1927 W 927 W GEORGE G 915W 5611214 K Lasalle AVe Soutn Bend IN 4t;bU1 LASALLL bourn bancl IN 46601 HAZINSKI 925 018 -1027- JOSEPH R. 925 W tASALLE 59 1215 AND M.A. Lasalle Av South Bend IN 46601 AVE South Bend 1N 46601 SOUVAGE TH BEN HER. 018 -1027- F NDATIO 1200 County 923 60 1216 INC City 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 915W 91.5 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 Sout=IN46601 835 COLFAX South Bend IN 46601 018 -1027- HARRIS P O Box 210 66 1170 AUQREY 1386 AlphLAPORTE South Bend IN 46601 67 018-102-7- 1209 RMA 9 04 W Lasalle South Bend IN 46619 902 LASALLE South Bend IN 46601 DOWLING 018 -1027- GERTRUDE 914 W 223 68 1201 M LaSalle Ave ISouth Bend IN 46601 SEEBIRT South Bend IN 46601 018 - 1027 - 220 Seebirt 224 69 1207 REMEW INC PI South Bend IN 46601 SEEBIRT South Bend IN 46601 a � ~ \} e ; 2»e« \ \/\ / / k ` |/ ur3 K ¢ §|| °`�# 9 fig. i/] 7 ALLEY P,L. 60' (NOT SURVEY VERIFIED) I- N 0 0 Z O N C ( 9 m i1 iZ o WEST COLFAX AVE, a A fit MCA o 909 West Colfax Ave SpUF4UNDATIpNTAGE �W001N WAY WFd! 0011111 BE16,M WIO AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FA-,,L: (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 ,-Cq-'I -j3 HERITAGE SPECIAL EXCEPTI(JIN -'./\ N T _- 1 - (1 c- 3 ('D; .A.R.H.1^% 130ARU UFZ0",INC3 APPEA-S 3 THE PROPC)SED L'Si_ WILL T3E. TO TIAE PI_'13!..1C Hf-'_ALTH. SAFF_T'� `. COMPC)f�.'.- STANDARDS, C0NVE-,,\'IEN(_-F Ok G1:_.Nf..KA1_ Developmem and I-Se as plmsm"ed WH compt- wirh aN twiW49. 0-0 S0110- trahnc. and. park, in no; be&; injudow to Be puNic heddy sakq. momlK and guner-A "WHIM ofyc cmnmu&q 2, PROPOSED LM MLL MOT E 07', Aj:)\ ERSELY AFFECT —ME LEE OF TIAE ADJACENT J2 T1 k 0 PE R I Y \ A L I- I- S "I-;-11 W R , I- I _', 13 E (_ 1% L,SL: arjance c"'. use shy! Anpmve we amnw,almc of tile tleil: -rounding hborhood ,jn,3 kyj]j 11L)l d�:,,�ajjje thc Mli prope'"WK 3. T H 11 P R 0 PO S E D 1 WE M I L L S E C ON Y S T E XT MT i 1 '1 -1 -1E C;- 1 A R.A C T ER 0 T1 -11 N Nv Ii jc j IT IS LOCATED AND THE LAND LASS AUTHORiZED J-HFzRf.--IN C!onc4.itions on the propenj predate the Zoning Ordinance- which mmalon a different conl6an MY this PMPVTl - m THE PROPOSED ISE 15 CONIPATIBLE W117' T-I. RE1:COM-'v'ENDAT10",'S ()FTEIC CIT� OF PLAN BECAUSE: It is fl)c I-c-clin, of1he Board that ThC N allance is f0endbg hylo Vc ovamn CornprehmeWc Phn and 0 nm deAWK_ lion, if, intonT. C0NDF'_J(_)'\S (AZ REVISIONS: DECISION IT PC the dezimon COW Board that rhia reqlTesl for Bvnd LVnumon Commi? m Kh a: FAVORABLE RECOMIENATION. ADOP7ED Ws 2nd Day of Mw-cK 251 1. FEI MICI+AEL LRT35ANSI-Ll RANDALL MATUTYS !'OUNG 12D GERALD PPEPPS A3SEN7 R(-)BERT HAWLEY EXI Jn-j-- =X 13FENDA", Cp, -MLISF, � �' HOLLADAY PROPERTIES ,1^ auilding Solutions since 1952 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE (574) 234 -2073 FAX (574) 284 -3790 January 10, 2011 �•;'�.1 tJ� ',i,z,� 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 interactlon.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 "" I HOLLADAY am PROPERTIES Building Solutions Since 1952 227 South Main Street Suite 300 South Send 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 John rt�h�ir` Presid nt of General Partner South Bend Indianapolis Chicago /Portage Richmond Nashville www.holladayproperties.com RESOLUTION SOUTH A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF f INDIANA, APPROVING OTHE AREA BOARD OF ZONING APPEALS i� ,; ; l 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. 0 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: 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 H. 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; I 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. �10 Member of the Common Council+ G STf :'NUN HDCPTrb s Yi >E w qR Y ti 3 w 8 33®® SAMPLE STREET SOUTH BEND, INDIANA 3300 Sample Street Special Exception Property Tax Identification Numbers w /in 300' of the Subject Property 1. Contech Construction Products Inc. 9025 Centre Pointe Drive, Suite 400 West Chester, OH 45069 Tax ID: 018 -8112- 421201 4. Jupiter Aluminum Corp. Attn: Dietrich Gross 1745165`' Street Hammond, IN 46320 Tax ID: 018 - 8112 -4207; 018 -8112- 421508 7. Larry Johnson 2245 N. Lema Drive Mesa, AZ 85215 Tax ID: 018 -4107 -3958 10. Floyd Eddy 3105 W. Sample Street South Bend, IN 46619 Tax ID: 018-4052-1933,-1932,-1931; 018 - 4107 - 395901 13. Guy Nesbitt 839 Kentucky Street South Bend, IN 46619 Tax ID: 018 - 4107 -3918 16. Patricia Hawkins 842 S. Falcon Street South Bend, IN 46619 Tax ID: 018 - 4075 -2753 19. Harold Agier 119 N. Front Street Syracuse, IN 46567 Tax ID: 018- 4107 -3924 22. Stephen Smith 19548 Paxson Drive South Bend, IN 46637 Tax ID: 018 -4074 -2722 25. Oliver Peterday 3212 Revere Place South Bend, IN 46619 Tax ID: 018 -4107 -3925 2. New Jersey, Indiana, & Illinois RR Attn: Taxation Department 110 Franklin Road South Roanoke,VA 24042 Tax ID: 018 - 8112 -4212 S. Joseph Podell Company, Inc. c/o Richard Podell 3680 W. Sample Street South Bend, IN 46619 Tax ID: 018 -8112- 421509 8. Jeff Flora 3319 W. Sample Street South Send, IN 46619 Tax ID: 018- 4047 - 272901 11. Gus Caparell 509 W. Washington Street South Bend, IN 46601 Tax ID: 018-4075-2759,-2758,-2757, 018- 4074 -2728, -2727, -2726 14. Jacquline Tetalaff 844 S. Lake Street South Bend, IN 46619 Tax ID: 018 -4047 -2725 17. Janice Gates 838 S. Lake Street South Bend, IN 46619 Tax ID: 018-4047-2721,-2723 20. Clarence Love 3206 Revere Place South Bend, IN 46619 Tax ID: 018 - 4107 -3926 23. Barbara Dupriest 833 S. Kentucky Street South Bend, IN 46619 Tax ID: 018 - 4107 -3917 3. Doris Bergeron 25946 Brick Road South Bend, IN 46628 Tax ID: 018- 8112 -4209 6. Grand Trunk Western Railroad Inc. Attn: Real Estate Department 563 N. Cass Avenue Pontiac, MI 48342 Tax ID: 018-8112-4218,4219 9. K & 8 Beverages Inc. 15300 Valentia Drive Granger, IN 46530 Tax ID: 018- 4107 -3959 12. Frederick Binder 620 N. Ironwood Drive South Bend, IN 46615 Tax ID: 018-4075-2756,-2755 15. Donald Willman 841 S. Lake Street South Bend, IN 46619 Tax ID: 018 - 4074 -2724 18. Linden Freel 69221 Brush Trail Niles, M1 49120 Tax ID: 018-4107-3920,-3919 21. Guadalupe Cervera 838 S. Falcon Street South Bend, IN 46619 Tax ID: 018 - 4075 -2751 24. McRay Oneal Fleming 3220 Revere Place South Bend, IN 46619 Tax ID: 018 - 4107 -3923 z sl '� o f co CD cn N F l o rp a S � 9-3 Area Plan Commissi ®n of St. Joseph County 1 140 County -City Building South Bend, Indiana 46601 John W. Byomi Larry P. Magiiozzi Executive Director Assistant Director Phone 374 235 -9571 www. stlosephcountyindiana .conVareaplan 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. Februarg± 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 he approved upon the Board of ZoningAppeals malting a written determination and adopting appropriate Findings of pact, 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 he 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 Communitywide 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 i�rave the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minim 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 that: 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. SDeciai Exception / SEcial Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that. ,v: ,E iB"* ofZonin 4pediUrea B "d of Zoningdppeabl2011 V2] February doe Searing South Bend, Lakeville, New Carlisle, North liberty. Osceola, Roseland and St. Joseph County, Indiana (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 Comprehensive Plan. 6. The petition of School City of Mishawaka. Tice 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 we f re; A similar request was approved in August 2009 on Jackson Road for a period of 18 months. The 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 properly 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 Map 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) Ae 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. The 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; Ile 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. City 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.-Waiar& of Z=1nZ,lppMhWrsa Boffd 0f ZonbgAppecfsV011V21 February doe 8. 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 be 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 rs 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 ahandoned 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,154.105(BX12), below, and 2) petitioner's commitment to not sell ammunition or store inventory. 154.106(P)(12) Gun Shops and Gunsmith Shops, subject to the following development standards: (a) No firearms or ammunition shall he sold in any gran sales or gunsmith shops within two- hundred (200) feet of any: 1. Public orparochia1schoolfor children in arty grades from K through 12; 2. Child care center, or, 3. Child care ministry; and. (b) The operator shall reside in the dwelling unit located on the property as their primary place of residence. (1) Tire 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 band Use Map makes no specific recommendation for this property. • Q-k1k.,WTO at Christa Nayder Planner E. )Bom* of ZwhwAppadsWrea Board of ZonhW Appea1,U011 V21 Febrwy daa AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 I~nx: (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-17 SPl_CI,.',I_ EXCL:PTIOX ,",RJ- A J30Al',',_.) OF FINDl__'4C35 QF FACT TO 1-1-117 PZ_'Bl_iC HEAl..TH, S./NFFTY. CO,%4FORT, L N 7T1 JNI 0 R A L S T.-\ N D A k D S. C C) N-A _'N I E N CE C) R Cj I:- lli E R A L \> L I - F A R E 13 F C A L d s p resented i I I carne I n \N i i I i all 1xu 1 J d i m! - fil rc- sn' fu-ry, traffic. acid pa rk i re V Ll la', i 0 11 S 8S 1C+ not L1eint injill-ioll., to tho jnlbN,: jm Rr-. olt AI)VERSE.I.Y AFFECT-1-HE, OF THE AD!A(_F_l_l"f_ OR FPOPE�RTY D-E_CAL_.;SJ_:: Tltc arianCC Or- L) Se S I I' :l1 i 11.1p 1-c.) e the appe a ra 71 C L� of the 11 e i Uh N-) rh ood and V, iIl rent de Glue the s u rrO Ll fl 1) 0 V,'ITH THE C'HARACTLR OFTHE IN' i-,l PR( 1-1 IS LOCATED AND THE L.A'\]D USES AUTHORIZED THER ],\, 2"E'CAUSE: Conditions On the properr� Iared.ize ilic Zoninii. Ordinancc, which creates a diffi�.rcml condition fori,his properiN. L,Sl-- JS CONI P Bf-F WITH THE- (.)F THE S T - ' "I H 13E\T7 J� 1'1_.::' f3 LCA L_� S foolill-L o,tlleBoard rhai the variance is blendin& into the o"erali Plan and is deg ialjtic, ?roar it's int nt. CO_', DFFIONS OR RE-VISinNS: D E c PS I O'N' I F is 7 HE P, r_F() RE tlic d�a C-iS;INT- o;-Lhc Fior;.r�,' that this for Sj,C.C:inl E.Ncop-;iorl shall bo pas:od onto the Ciz% off;L)LITI-, B _c no Conn -, %, ? - C -.11 u 1),:,: 1 n.i.h a: F A \ - 0 1 H L E R E C ONIM E'N"D ATI (D'.,,' ,,\DOF FED tjiji -nil Da.\ of!\/Jarci-, 20, l 1. YES ( ) 77 =X TZ'.A\: D 4, L L TTHI YS =X JACK Y0l_i\,(__3 =X GERAL:D PHIPPS ASSEN7 ROBE'R-1- HAWLEY GRE-NDAN CR12\11-ISH Derek D. Dieter President Oliver J. Davis Vice - ,President Ann Puzzello Chairperson, Committee of the Whole ity of South- en Common Council 441 County-City Building . 227 W. Jefferson ]Blvd (574) 235 -9321 South Bend, Indiana 46601 -1530 Fax (574) 235 -9173 March 23, 2011 TDD (574) 235 -5567 http://www.southbeadin.gov Members of the South Bend Common Council 4t' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Revisions to the 1998 Ordinance on the South Bend Commission on African - American Males Derek D. Dieter Dear Council Members: First District Henry Davis, Jr. I am sponsoring the attached proposed ordinance in the interest of updating the Second District 1998 ordinance which established the Commission on African - American Males. Thomas LaI~ountain I have had the opportunity to meet with representatives of the State of Indiana's Third District Commission on the Social Status of Black Males. In light of those discussions, it is apparent that our local ordinance needs to be updated and streamlined, so .Ann Puzzello that it may become energized to carry out its mission. Currently, there are Fourth District similar Commissions operating in Fort Wayne, Evansville, Bloomington, David Varner Michigan City, Gary, Muncie Anderson Jeffersonville and Indianapolis. Fifth District Some of the key changes recommended for your consideration include: Oliver J. Davis ® Reducing the number of members from 25 to 15 Sixth District, Having members appointed from areas which are similar to Commissions in Al "Buddy' Kirsits the other Indiana cities which have been more involved and focused on their At Large mission of recommending ideas and potential remedies to address the critical Timothy A. Rouse social problems facing the Black male population At Large ® Developing a working relationship between the South Bend commission, Karen L, White other city commissions, and the State of Indiana's commission At Large ® Having a member of the Youth Advisory Council sit on the Commission. I recommend that this Bill be sent to the Community & Economic Development Committee for review and recommendation. I look forward to discussing this proposed ordinance with you. Thank you. Most sincer ly, Timothy A Ouse Council Member at Large i% Lk' .�N�fe^el.l`V.IK•�7'q ".wMe.lnFf CITY CLOK SOUM 0010, Bill No. -I1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOU'T'H BEND, INDIANA, AMENDING SECTION 2 -59 OF THE SOUTH BEND MUNICIPAL CODL' ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES STATEMENT OF PURPOSE AND INTENT In 1998, the South Bend Common Council passed Ordinance No. 8878 -98 which created a 25- member South Bend Commission on African - American Males. It was charged with creating "practical proposals and workable remedies in the areas of employment, education, health and criminal justice to reduce the problems which African. - American males face ": The South Bend Commission on African - American Males was also charged with working closely with the Indiana Commission on the Social Status of Black Males which was created by the Indiana General Assembly in 1993. Unfortunately, the local Commission has met on a very limited basis. Part of the problem was that the membership number proved to be too large. A quorum problem resulted both of the Commission and its various committees. The following ordinance is aimed at stream- lining the 1998 ordinance, so that it can be more effective. It also sets forth specific duties and responsibilities so that it has the opportunity to work closely with the Indiana Commission on the Social Status of Black Males. This ordinance is believed to be in the best interests of the City of South Bend. 9�Q, e, lfe "PF Orwafta by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Section 2 -59 of the South Bend Municipal Code is amended to read as follows: Sec. 2 -59. The South Bend Advisor Commission ore A ' Black Males. (a) Legislative findings; ' (1) The Common Council of the City of South Bend acknowledges that if a segment of our residents and community are not doing well, that this affects the overall well-being of our entire community.. ' The 1992 Final Report of the Indiana General Assembly's Interim Study Committee set forth statistical information Black males in America addressing among other things the effects of poverty, violence, and drug abuse resulting in homicides, arrests, prison population, higher death rates, and overall survival. In 1993, the Indiana Commission on the Social Status of Black Males recommended legislative remedies to address such critical social problems [Indiana Code § 12- 13 -12 -1, etseq.] Ordinance Amending Section 2 -59 of the South Bend Municipal Code Page 2 (2) Statistical studies detailing the status of Afrimean Mnerie black males reveal startling and disturbing conditions and trends which are impeding progress toward full participation in the mainstream of our society. (3) Poverty, violence, drug abuse, debilitating health problems, and the under- education, underemployment and unemployment of an black males promote self- destructive behaviors and create a myriad of community problems. (4) There is a need in the City of South Bend to create practical proposals and workable remedies in the areas of employment, education, health and criminal justice to reduce the problems which black males face. (b) Establishment, Duties and Responsibilities and fnembems : (1) The South Bend Advisga Commission on Afhean Affie6ean Black Males is established. 2 The South Bend AdvisoKy Commission on Black Males shall make a systematic local stud of the followin &: 1. The conditions described in pqEggraph a of this section II. The reasons for the existence of those conditions. Qh This Commission shall 12ropose measures to alleviate and correct the underlying causes of the conditions described in paragraph (a ) of this section. 4 This Commission may study other to ics cu -g-4 b the Indiana Comrnissinn on the Social Status of Black Males and topics suggested by the Chai erson of the local Commission. (5) This Commission shall receive suggestions or comments pertinent to the issues that the Commission studies as well as from other governmental agencies, Public and private organizations and private citizens. 6 This Commission shall have the authority to enter into memorandum of understandings which would require approval of the Common Council and ma appoint committees as needed. (c) Relationship Between the State Commission and the Local Commission. Principles of cooperation shall govern the relationship of the South Bend Advisory on Black Males with the State Commission on the Social Status of BIack Males. The State Commission and the local Advisory Commission shall make every effort to: 1 Assist each other to reach the common -goals associated with the p ose of this ordinance. (2) Communicate to avoid duplication of efforts and/or interference with activities. Ordinance Amending Section 2 -59 of the South Bend Municipal Code Page 3 LIE Exchan a information. (d) Commission Membership: (2) The South Bend .Advisory Commission on Afhean Amerie Black Males shall consist of twenty five (25) fifteen t 15 members. • The appointments sha4l be Weinte who must be bona fide residents of the City of South Bend namel : a&f6flews: a W One (1) member of the South Bend Common Council, and one 1 member from the St. Joseph Coup Council who are not members of the same political party, and who are appointed by their Council. President; 2 )Two (2) members of the local cterp, y_appoint by the Common Council: (3) The local Superintendent of public instruction or the Superintendent's designee; 4 The Director of the local Civil Rights 4gency agency or the Director's designee-, 5 The Director of the local Department of Community and Economic Development or the Director's Designee; 6 Two 2 business persons gappointed by the Common Council one 1 of which must be a minority business person; The Chief of Police or the Chief's designee; (8) A youth member from South Bend's, Youth Advisory Council., (9 }__The_Mayor or the Mayor's designee; (1 0) A representative from the health care community who shall be appointed by the Common Council; 11 A representative involved with Juvenile outreach programs and/or juvenile intervention programs who shall be a ointed by the Common Council-, and (12) A representative of the public, who shall be appointed by the Common Council ■ Ordinance Amending Section 2 -59 of the South Bend Municipal Code Page 4 ■- EMIR ■ • ■ _ We F y - • 4 (ri _ F y - Le) (c) Governing Regulations of the Commission — Terms of Qf ce, Removal Vacancies Officers Meeting Quorum, Quarterly Updates and Annual Report: (1) All individuals appointed shall have an active interest in addressing the overall purposes and goals of the Commission. (2) All members shall serve without compensation. (3) All members shall serve for a term of two (2) years. (4) A member of the Commission may be removed by the member's appointing authority for absenteeism or for cause during his or her term. (5) The appointing authority shall fill a vacancy on the Commission by appointing a new member for the unexpired term. (6 ) The Commission shall provide.. quarterly Updates to the Community and Economic Development Committee of the South Bend Common Council. (7) At the first meeting in Janu of each year, the members of the Commission shall elect one (1) member to be the Commission's Chairperson, one (1) member to be the Commission's Vice - Chairperson, and one (1) member to be the Recording Secretary. Ordinance Amending Section 2 -59 of the South Bend Municipal Code Page 5 (S) The Commission shall meet on a minimum of a quarterly basis and is subject to notice of such meetings pursuant to the Open Door Law of the State of Indiana.z (9) Minutes of all meetings shall be sent to the City Clerk and Mayor's office within thirty (30) days following such meeting. (10) TMAeen-(4-� Eight 8 members of the Commission shall constitute a quorum. ■ J I R Y Y �. r v 1 • �Y • r R , , �`• • . l0 Issue an annual written report summarizing the results of each of the above - described duties and responsibilities, and provide recommendations for improvement. The Commission shall submit such report to the South Bend Common Council at its first regular meeting in M-afeh Mav of each year under Special Business. The City shall, at its expense, provide copies of such reports to-each Commission member, all appointing authorities, and mare copies of the same available to members of the public through the City Clerk's Office, SECTION II• Severabili : if any part, section, subsection., sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court of 2 Indiana's Open Door Law is set forth at Indiana Code § 5- 14 -1.5 -1 et seq. Ordinance Amending Section 2 -59 of the South Bend Municipal Code Page 6 competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. SEC T'I N HI. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. f �-� -✓ate Me of the Common Council John Voorde, City Cleric me a9rewyoae N 9vagA ffen"4 "pMrAw'o, on the Janice Talboom, Deputy City Clerk `0a Q' me on the day of '2011, at o'clock . m. E F E Rf�E� A ccrre Stephen J. Luecke, Mayor, City of South Bend, Indiana Filed In ler' ft LMAR 2 OR E Ci �� , , 9N � 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 NONE 5741235-9371 FAX 5741235 -9021 TDD 5741 235 -5 567 C= OF SO= BEND STEPHEN J. LuEcKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIaNEY ExECUTivE DIRECTOR March 17, 2011 i 1 __� �, Mr. Derek Dieter, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Amendment to Ordinance 9565 -05 for 23914 Brick Road (Fiskars Properties }parcel) Dear Mr. Dieter: To clear discrepancies within a 2005 annexation, a bill is being filed to amend Ordinance 9565 -05. On January 25, 2005, the South Bend Common Council approved Ordinance 9565 -05, a voluntary annexation under which the City of South Bend annexed German Township properties near the intersection of Brick and Cleveland Roads. The ordinance's legal description included three parcels; however, Fiskars Properties, the owner of the parcel at 23914 Brick Road, did not join the other two property owners in petitioning for the annexation. Fiskars Properties now has formally consented to have its property be included within the City of South Bend under Ordinance 9565 -05 as if it had been a petitioner for that ordinance, which became effective March 7, 2005. The proposed ordinance also amends Ordinance 9565 -05 to correct the size of the annexation area from 1.03 acres to 1.67 acres. I wiI1 be present at the Zoning & Annexation Committee meeting and full Council meeting to present this ordinance and answer any questions. I may also be contacted at 235 -5843. Thank you. Sincerely, e Michael P. Divita Planner cc: Kathy Cekanski- Farrand, Attorney, Common Council Al Kirsits, Chair, Zoning & Annexation Committee Larry Magliozzi, Area Plan Commission John Voorde, City Clerk Filed Its 1er"' iC i "� h C"YCLERK, SGOLITH 1jEPin, IN i COMMUNITY D6vFwpmENT ECONOmic DwnoPMENT FINANCIAL. & PROGRAM � [/j PAN16LA C. MFYER DONALD F. INKS MANAGEMENT i 5741235 -9660 5741235 -9371 ELIZABETH Lsomm l FAX: 5741235 -9697 574l235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565 -05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FIS]KARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565 -05 On January 24, 2005 the South Bend Common Council approved Ordinance #9565 -05 which annexed to the City of South Bend certain real estate in German Township contiguous to the City. The legal description of Ordinance #9565 -05 includes real estate owned by Fiskars Properties, Inc. ( Fiskars), although Fiskars did not actually join the two other property owners covered by Ordinance #9565 -05 who had petitioned for annexation. Fiskars has formally consented to have its tract be included for all record purposes as part of and within the boundaries of the City of South Bend under Ordinance #9565 -05, which consent is attached and incorporated herein by reference. The Fiskars tract consists of 0.37 acres with street address of 23914 Brick Road. Because the acreage identified in Ordinance #9565 -05 is also incorrect in that the total acreage contained in the legal description is actually 1.67 acres, not 1.03 acres, an amendment is also required for that purpose, The corrected 1.67 acres is comprised of 1.03 acres owned by original petitioners Jim and Donna Gregar and Arthur and Nancy Beall; 0.37 acres owned by Fiskars; and 0.27 acres of public right of way. NOW, .THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Ordinance # 9565 -05 is hereby amended to specifically include a tract of 0.37 acres owned by Fiskars Properties, Inc., located at 23914 Brick Road. That realty having been part of and included within the legal description in Part I of Ordinance #9565 -05, no amendment of Section I of Ordinance #9565 -05 is required. Section Il. The total acreage of the annexation area described in Ordinance #9565 -05 is amended to consist of 1.67 acres, not 1.03 acres. Section III. 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 counelf, •ate:,, � .t ...�w e��;::;t< 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. Approved and signed by me on the —m. City Clerk ,day of , 2_, at o'clock Mayor, City of South Bend FAE)ATA\SHAR0Lega1\Wpdata\AM MAnnexationTiskars Amending Ordinance 9565-05 1202 1 O,doc I st 3—.. . -. -t � PUILL::C, R. E id, 11, Fl� PASSED I Filed it Office NA R -� f - my J014N V00J?0E ,cLelt so Sew), CONSENT AND AGREEMENT OF FISKARS PROPERTIES, INC. TO ANNEXATION OF ITS PROPERTY BY THE CITY OF SOUTH BEND UNDER THE TERMS AND CONDITIONS OF SOUTH BEND COMMON COUNCIL ORDINANCE NO. 9565-05 ohn W. Tolhuizen , under penalties for perjury says the following: 1. I am the VP of Real Estate of the Michigan Corporation (Title /Office) Fiskars Properties, Inc., (Fiskars) and I am property authorized to execute this Agreement and Consent to Annexation on behalf of Fiskars. 2. Fiskars is the sole (100 %) owner of real estate located at 23914 Brick Road, in German 'Township, St. Joseph County, Indiana consisting of approximately 037 acres of vacant land, Tax Key #004 -1012- 019302. I acknowledge that the legal description for the Fiskars property at 23914 Brick Road is included within the legal description for real property annexed to the City of South Bend under Ordinance No. 9565 -05 although Fiskars was not a Petitioner or participant in that annexation. 3. Fiskars does now hereby consent to annexation of its real property located at 23914 Brick Road to and within the boundaries of the City of South Bend as fully and completely as if it had been a Petitioner under the original Ordinance No. 9565 -05 with all consequences thereto. 4. Fiskars understands and acknowledges that should it wish to connect to utility main lines or install exterior street lighting on its property at 23914 Brick Road, that it will be financially responsible for such connection, installation and maintenance costs. 5. This Consent and Agreement shall bind Fiskars Properties, Inc., its agents, legal representatives, assignees, successors in interest, and any subsequent purchaser of the subject real estate. Dated this 3rd day of March 2011 Fiskars Properties, Inc. By: John W. Tolhuizen, VP Real Estate (Printed Name and Title) File ClerkOffice MARS? JOHN V R C q CLERK, SOUTH ®SEND, IN � J9 v s4 0 co U ca � N r UL'IA® Q C Q � �} i0 � E CL o c c Q a) > 0 Q 2 •E 6 (o o 0 u� o a a� C w Olt A' C —0 ` q �� Li E co {Q Of Q U Q- C � W m M� CV 0 CQ • U c0 CL T cs.• c —MIA Vanch, Harner & Associates, Inc. I MICHAEL J. DANGH, L.A. RON HARNER, RS, Land Surveyors ® Professional Engineers Landscape Architects v Land Planners Honorable Members of the City of march 9, 2011 South Bend Common Council 4t-h Floor County -City Building South Bend, Indiana 46501 RE: Rezoning Petition for St. Joseph Regional Medical Center, South Bend Campus, Inc.: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located in the 400 Block of North Notre Dame Avenue, South Bend, Indiana. This requested Rezoning mould allow for the construction of the now St. Joseph High School campus facility. Our clients believe this new high school campus would be an acceptable use in this Northeast neighborhood area that presently contains a mixture of varying land use types from: single family homes to commercial facilities. If you have any questions concerning this matter, please feel free to give me .a call at 234-4003. Michael J. Danch President Danch, Harner & Associates File No. 110111 "C" Md. Filed In lerk! :MA JOHN OHN VOUP€�E ��p4yY�9P�� �q �p � 4 1643 Commerce Drive w South Bend, IN 46628 208 West Mars ® Berrien Springs, Ml 49103 oN,ce 5741234 -4003 ■ 8001594 -4003 0 Fax 5141234 -4119 nft- o 96Cl/A71_ '4n10 -, r— 790le74. 7917 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED O OFFICE DISTRICT AND MU MIXED USE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR A PAROCHIAL HIGH SCHOOL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 3 OF THE PLAT OF "ST. JOSEPH REGIONAL MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. HE AND THE SAME HEREBY ESTABLISHED AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL K 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 153 t�OT APPROVED PASSED OATS FIIpmD APPI, MTIObt NO. DA's'$, RSC31VED BY AAA PLM CCMXJlSXOW I IWE) THE C)XMARSI=W KM APPLICATION TO T= COMON COUNCIL OF TER Cln OF $WTH BMM, MDIANA TO AMEND THE 2q ING ORDINANCE AS HZAZIN Rx9=sTm. 1) . TI'S Mmmx sOUGMT To nX TE&ONED 32 LOCAATM, 400 RMCK OF WORT$ NOT" DAMS AVM M, SCUTF i3MD, XMIANA 40617 d) . !Plies AM A{Dy PZA;l/9wq.Oyyr PROP "A�/iY'PYtA/yWMTERpa(S) OF SL PETITION SITA: sou" APmm cA $ , ZNc . 811 , ICQN OTF49ET BOUT H RIOMF IN 4IS817 Flt. No. 574 - 335 -5000 3) _ HMO AIM ADVAS110 OF CONTINCENT S7MC3Ett1 NA (S) , I F APPLT CA SLZ VA 4) . IT I$ PESIR9D XdiM RZQVESTED 'Y"Y3= ° XtS PROPERTY Bt P220({iED x TO. Sr2 SINGLO 1 JWTLY AND TWO FAI- dl-TiX DISTRICT 5) . THIS mGNniG in mmmp TO =ow TEE FOUND usE (e) A) . PATIOCNIAL flic a scm0oz 6) . ATTACJ= rS A COPY 'OF () LEGAL DESCRIPWON O&' =E RERTY; (E) MMVENTE C 4 (17) MLDWARY SITU PLANS (IF REQUIRED) , (C) A aTATMENT OF PMk203E AND INTENT, (D) A IjXsw or NAMES AM $DORMSSES OF ALL FROFIRTY OWNERS AND TM TAX P•E$ tt[AOMW lroR ALL FPtVF=l38 V4ZTSl= M FEET OF THE YETI ZON P=VlRTY; AM (E) AE1MMOSaw, aTAmpso 2 NVELoPES FOR ALL P'AOPZRTY d'N+ KB wxT.HIN 300 Vg ST 017 TUN VETITjcN P3 oPXRTY (F'1 A IOMTXOX W%V, IF' AVA- TLA8XA, DFAW TO sCALZ, WHICR INCLUDES STREW KMO$, PMNT20 IN 8 �2" � 11" rORMAT. src�, FOR V9TITIONER PETITION= PRRPA"D AT: DANA, pia a Assocl -&"$ 1643 COMES= DRIVIA SOUTH S19pEiiJ, 3:2MIA39A 46620 (574) 234 -4003 LEGAL DESCRIPTION THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 3 OF THE PLAT OF "ST. JOSEPH REGIONAL MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Clerk's 3 2L; Property Owners Within 300 Feet Saint Joseph's Regional Medical Pregnancy Help Center Inc. John Jr.Patricia & Margaret Larkin Center South Send Campus Inc. PO Box 283 919 E LaSalle Ave 811 E Madison Mishawaka, IN, 46846 South Send, IN. 46617 South Mend, IN, 46817 Tax Kay # 018 5020 071801 Tax Key# 018 5020 0727 TAY Kpv# flip 5 ?nn nRA4n1 Howard & Patricia Sappington Michael Ferkovic Aaron Yoder 523 E LaSalle Ave 3134 W Masters St 3808 Corby Blvd, South Bend, IN. 46617 Philadelphia, PA. 19121 South Bend, IN. 48815 Tax Key # 018 5020 0728 Tax Key* 018 5020 0730 Tax Keys 01$ 5020 0726 Kenneth Breen Saint Joseph Medical Center Inc Dean Domogale 24330 State Road 4 314 N Notre Dame 1311 N Francis North Liberty, IN. 48554 South Bend, IN. 46601 South Bend, IN. 46697 Tax Key # 018 6020 0725 Tax Key # 018 5020 0718 Tax Key # 018 5020 0725 Christopher Gaines & Donna Andrew Zywlcki Saint Joseph Regional Medical Center Kirkpatrick 321 N Francis South Bend Campus Inc 315 Francis South Bend, IN. 46617 PO Sox 1935 South Bend, IN. 46617 Tax Key # 018 5020 0717 South Bend, IN. 48534 Tax KAv # r)IA 80P(1 r7PO Tnw Kov # 01A .ringn n71R 328 Notre Marne Avenue LLC Saint Joseph's Regional Medical Gross & Cohen Notre Dame L, C PO Box 1244 Center - South Send Campus Inc, 374 Old Montague Rd Mishawaka, IN. 46546 PO Box 1935 Amherst, MA. 01002 Tax Key # 018 5020 0706 South Bend, IN. 4666-4 Tax Key # 018 5020 0716 TRY Kqv # n1A I Men n7n7 Saint Joseph's Regional Medical Saint Joseph's Regional Medical Three Sisters B &B LLC Center-South Band Campus Inc Center -South Bernd Campus, Inc. 1905 Campbell St 920 E Madison 811 E Madison V�Iparaiso, IN, 46385 Scuth Bead, IN. 46617 South Bend, IN. 45817 Tax Key # 018 6020 0679 Tax Kav # 01 R 5n?n n71d Tray Kav * MA 9Nn (ARA Lox Lie Company Inc. Diocese of Fort Wayne South Bend Diocese of Fort Wayne south Send 944 Spaulding Avenue 228 N Hill Street 226 N Hill Ada, M!, 49301 South Bend, IN. 46617 South Band, IN, 46517 Tax Key # 018 5019 0656 Tax Key # 018 5006 0138 Tax Key # 018 5006..0137 Diocese of Fort Wayne - South Bend Diocese of Fort Wayne South Send Diocese of Fort Wayne South Bend 226 N Hill 226 N Hill 226 N Hill St South Bend, IN. 46617 South Bend, IN. 48817 South Bend, IN. 46617 Tax Key # 018 5008 0144 Tax Key # 018 5006 0145 Tax Key # 018 5006 0140 Diocese of Fork Wayne South Bend Diocese of Fort Wayne South Band Diocese of Fort Wayne South Bend 226 N Hill St St.Joseph Church South Bend 226 N Hill St. South Send, IN, 46617 211 N St.Louls South Bend, IN. 48917 Tax Key# 018 5008 0139 South Bend, IN. 46617 Tax Key # 018 5006 0141 TAM KRv # n1 6()nA n1 AA Diocese of Port Wayne South Bend Diocese of Fort Wayne South Bend Cory Defsbaugh Life Estate reserved Inc Inc Margaret Shafer 226 N HIII 211 N St,Louls Blvd 1220 N Kaley South Bend, IN. 46617 Tar KFjv # nia snon nR4A South Send, IN. 46617 Tj%Y Kou #flIA snne na�A South Bend, IN, 46517 nax K�v# rlsa Sri Te rfa7'� Mary Ann Hatch - Glsdya Cronit Trust Coup Real Estate LLC Coup Real Estate LLC 2140 Barnett St Oxnard, CA, 93033 PO Box 535 Bridgman, MI. 49106 PO Box 535 Bridgman, Mi. 49106 Tax Key # 018 5015 0471 Tax Key # 018 5015 0474 Tax Key # 018 5015 0475 Martha & Laszlo Nemeth Gross & Cohen Notre Dame LLC Grass & Cohen Notre Dame LLC 14860 Brick Rd 374 Old Montague Rd 374 Old Montague Rd Granger, IN. 46530 Amherst, IVIA. 01002 Amherst, MA. 01002 Tax Key # 018 5015 0476 Tax Key # 018 5016 0477 Tax Key # 018 5015 0464 Leeann C Rappelll Dan Hamilton Dan C Hamilton , PO Box 644 Notre Dame, IN. 46556 PO Box 1623 South Bend, IN. 46634 PO Box 1623 South Bend, IN. 46634 Tax Key # 018 5015 0483 Tax Key # 018 5015 0486 Tax Key # 018 5015 0485 Leeann C Rappellf Leeann C Rappelli Kerri A Kramer PO Box 644 Notre Dame, IN. 46556 PO Box 644 Notre Dame, IN. 46556 812 Lasalle St South fiend, IN. 48617 Tax Key # 016 5015 0488 Tex Key # 018 5015 0487 Tax Key # 018 5016 0842001 Leeann C Rappelli Gross & Cohen Notre Dame LLC Cheryl sword - Werner PO Box 644 374 Old Montague Rd 224 N 'Saint Peter St Notre Dame, IN. 46556 Amherst, MA. 01002 South Bend, IN, 46617 Tax Key # 018 5016 0520 Tax Key # 018 5016 0522 Tax Key # 018 5016 0523 Kerri Kramer ENDO Properties LLC ENDO Properties LLC 13937 Heartr►alde Dr 225 North Notre Dame Ave 225 North Notre Dame Ave Granger, 1N. 46530 Tax Key # 018 5016 0524 South Bend, IN. 46617 Tax Key # 018 5016 0536 South Bend, IN. 46617 Tex Key # 018 5018 0537 LaSalle LLC ENDO Properties LLC Ob -Gyn Associates of South Bend 814 Lasalle 225 North Notre Dame Ave 810 N Michigan South Bend, IN. 46601 South Bend, IN. 45617 South Bend, IN. 46601 Tax Key # 018 5016 0536 Tax Key # 018 6016 0538 Tax Key # 018 5016 0551 Qt7 Gyn Associates of South Bend Lib Gyn Associates of South Send OB Gyn Associates of South Bend 510 N Michigan Street South Bend, IN. 48601 610 N Michigan South Bend, IN. 46601 610 N Michigan South Bend, IN. 46601 Tax Kay # 418 6016 0554 Tax Key # 018 5016 0550 Tax Key # 018 5016 0552 ob Gyn Assoicates of South Bond Eddy Property Dev LLG Ob Gyn Associates of South Bend 61f} N Michigan South Bend, IN, 46601 211 N Eddy St South Rend, IN. 48617 610 N Michigan South Bend, IN, 46801 Tax Key # 018 5016 0653 Tax Key # 018 5016 055601 Tax Key# 01 8 5016 0656 Ob Gyn Assoclates of South Bend William Paul LLC Gross & Cohen Notre Dame LLC 610 N Michigan 926 B Lasalle 374 Old Montague Rd South Send, IN. 46601 South Bend, IN. 46617 Amherst, MA. 01002 Tax Key # 018 6016 0556 Tax Key # 018 8016 0669 Tax Key # 018 5026 0941 Gerogle Ann Murphy / Mable Brown 509 N Notre Dame South Band, IN. 46617 Tax Key # 018 5026 084101 Gregm Portolese 919 Cedar St South Bend, 1N, 46817 Tax Key # 018 6026 0 94 7 Lorraine Macswain 623 Woodside Way Redwood City, CA, 94062 Tax Key # 018 8026 0832 Kenneth Kent 15398 Roscommon lane Granger, IN. 46630 Tax Key # 018 6026 093401 Saint Joseph's Regional Medical Center South Bend Campus PO Box 1935 South Send, IN. 46634 T .qx KPU P n18 sn74 OFIRM1 Jaynes Bowers 915 E Cedar South Bend, IN. 46617 Tex Key* 018 5020 0945 Gross & Cohen Notre Came LLC 374 Old Montague Rd. Amherst, MA. 01002 Tax Key # 018 5026 0843 Kenneth Kent Jr 15398 Roscommon Ln Granger, IN. 48530 Tax Key # 018 5828 083601 Kenneth Kent & Mark Kramer $12 E Lasalle South Bend, )N. 45617 Tax Key* 018 502s 0930 Gregory Portolese 818 E Cedar St - South Bend, IN, 49817 Tax Key # 018 5026 0946 Gross & Cohen Notre Dame LLC 374 Old Montague Rd Anmherst, MA, 01002 Tax Key # 018 5026 O944 Gras s & Cohen Notre Came LLC 374 Old Montague Rd Amherst, MA. 01002 Tax Key # 018 6028 0933 Saint Joseph Regional Medloal Center South Bend Campus PO Box 1935 South Bend, IN. 46634 Tax Kov # n 1 R .9 (124 nRRt? Red fn `, n, S [.. 8 p E' COY CLERK, W. saint Joseph's Reglonal Medical StJoseph'a Regional Medical Center 6340 Judith Grandview Dr Center South Bend Campus PO Box 35 amp's Indianapolis, IN. 46260 S11 l= B Madison South bend. 1N.48617 South Bend, 1N. 481334 Tex Ke # 018 8009 0243 Y T;w KAv# ni R gnnq n747 TRax Kwv * (l1 A BnnA n ?54 Madison Center Inc 6001st Source Bank Center Carniel and Rose Van De Walla Saint Joseph's Regional Medical saint Joseph's Regional Medical Center South Bend Campus Inc 473 N St.�ouis center- South Bend Cam PUS, 811 E Madison 811 E Madison South Band, is 46897 Tax h B # , 1 5409 7 South Bend, IN. 46617 South Bend, IN. 46617' TRY KRv # nl A 5nnn n9157 403 E Madison South Bend, IN. 46617 TAY KAv t n 1 R snOP may south Bend, IN. 0801 Tax Key # 018 5008 0218 St.Josaph's Regional Medical Center Robbie & Eva Mai Grimes Michael McKInnies - Samos Fernandez South Bend Campus 8'l 7 E Madison St I'd Box 1935 609 E Cedar-St South Send, IN. 46017 55500 Orange Road South Sand, IN, 48628 South Bend, IN. 46634 Tax Key # 018 5024 0817 Tax Kav # nIR F094 nR ! Tax KAV # ni R v),24 M-215 Tax Key # 018 5008 0227 Tax Key # 018 5008 0228 Karma and Associates CO Virginia Hernandez First Cleveland Mortgage 7100 E Pleasant Valley Ste 145 1476 Anvil Ct PO Box 11700 South Bend, IN. 48837 Independence, QH. 44131. Bartlett, IL. 60103 Tax Key # 018 5024 0818 Tax Key # 018 6024 0815 Tax Key # 018 5024 0814 MHenning Properties LLC Helen Rozurn, Joseph Zouchs, Mary Dalnelli Mary Behrendt Madison Center Inc 800 tat Source Batik Center 1439 Sernar Ct !L. 601056 Mount Prospect IL. 005 903 Bergamot or South Bend, IN. 46601 Tex Key # 016 6008 0195 Tax Kay # 018 5 Savoy,IL. 81874 `rax Kav # n IS s+R74 nRi 7 Madison Center Inc Madison Center Inc Madison Center Inc E Madison 403 E Madison St 400 E Madison 403 South Bend, IN, 48624 south Send, IN, 46817 South Madison n 46624 Tax Key # 018 6068 4 Tax Key # 018 5008 0209 Tax Key # 018 5008 0208 Madison Center Inc Madison Canter Inc 6001 at Source Bank Center Madison Center Inc 6001st Source Bank Center 600 1 st Source Bank Center 1 South Bend, IN, 4680 1 South Bend, IN. 46601 South Bend, Ill. 46601 Tax Key # 018 5008 0212 TeX Kay # 018 5008 Tax Key # 018 6008 0211 Madison Center Madison Center Inc 600 iat Source Center Madison Center Inc 6001st Source Bank Center x}03 fr Madlsan St South Bend, IN, 46617 South Bend. IN. 46601 Tax Key #r` 018 5008 0215 Tax Ke # 016 5008 0217 . Y Tax KeY # 016 5008 0214 Madison Center Inc Madison Center Inc 6001 et Source Bank Center Madison Center Inc 600 1 st Source Bank Center 403 E Madison South Bend, IN. 46617 South Bend, IN. 46601 Tax Key # 018 5008 0202 south Bend, IN. 0801 Tax Key # 018 5008 0218 Tax Key # 018 5008 0216 Burkhart Advertising Inc M Anderson Ll_C Joseph & Kathleen Crimmins 98010 Chipstead Dr 1335 Mishawaka Ave 1224 E Wayne South Bend, IN, 46615 South Bend, IN. 46837 South Bend, IN. 46615 Tax Key # 018 5008 0226 Tax Key # 018 5008 0227 Tax Key # 018 5008 0228 Joseph & Kathleen Crimmins Mary Kambol,Joseph Kambol Mary Kambol,Joseph Kambol IaoIG Chipatead Dr Deanna Kambol Deanna Kambol South Bend, IN. 46637 21877 Shady Hollow Lane 21877 Shady Hollow Lane Tax Key # 018 5008 0228 South Bend, IN. 48828 South Bend, IN. 45828 Tax Kau * n I A cinna 02ni iax KAv # f) 18 AWR fi7iin Saint Joseph's Regional Medical Roman Smith 2010 Revocable Trust Saint Joseph's Regional Medical Center - South Bend Campus Inc 618 E Madison Center - South Bend Campus 811 E Madison South Send, IN. 46617 611 E Madison South Bend, IN. 46617 Tax Key # 018 5009 0269 South Bend, IN, 46617 Tax KAV # 018 .nN n77n - TRY KAv # n18 SnnA n7R1 Roman J Smith Revocable Trust 2010 818 E Madison St South Bend, IN, 46617 Tax Key # 018 5008 0287 Selnt Joseph's Regional Medical Center- South Bend Campus 801 E Lasalle St South Bend, IN, 46601 Tax Kau # ni A I mn. n7f3s Timothy Hoban,Mary Ricol, Michael Frank & Suzanne Petsche Hoban, Patrick Hoban,Maurlce Hoban 17401 Eldorado Lane 205 N StLouis South Send, IN. 46635 South Bend, IN. 46817 Tax Key # 015 5008 0234 Tax KAv # n1 R BmnR n7ns Mary Kambol ,Joseph Kambol Deanna Kambol 21877 Shady Follow Lane Tax Key # 018 5008 0232 Joseph & Kathleen Crimmins 18010 Chipstead Dr South Bend, IN. 48637 Tax Key # 01 8 5008 0229 Burkhart Advertising Inc 1335 Mishawaka Ave South Bend, IN, 48615 Tax Key # 018 5008 0226 Mary Kemboi Joseph Kambol Deanna: Kambol 21877 Shady Hallow Lane South Bend, IN. 46628 'flax KAv # n 1 A .~inns n7A1 ,Joseph & Kathleen Crimmins 16010 Chipstead Dr. South Bead, IN, 46837 Tax Key # 018 5006 0228 Eberhart partnership 316 S Eddy South Bend, IN, 46617 Tax Key # 018 5008 0226 Timothy Hobsn,Mary Riccl,Mlchael Hoban, Patrick Hoban 205 N St.Louis South Bend, IN, 46617 Tax Kav * 1718 .snflA 0:15 Mary Kambol,Joseph & Deanna Kambol 21877 Shady Hollow Lane South Send, IN. 46628 Tax KAv * n1A inniq f778A Mary Kambol,Joseph Kambol,Deanna Karnbol 21877 Shady Bellow Lane South Bernd, IN, 46628 Tax KAv.* m4R i5nm n7an M Anderson LLC 1224 E Wayne South Bend, IN, 48815 Tax Key # 018 5008 0227 (�) � -" � w �'W,'SOLUTION 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 324 WEST GARST STREET, SOUTH BEND, INDIANA 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 Use and a Variance of Development Standards be granted for the property located at: 324 West Garst Street, South Bend, IN 46601 in order to permit to construct and operate a 240' telecommunication tower on property classified general industrial, a Variance of Developmental Standards from a maximum height of 200' to 240', a Variance from a monopole -type tower to a lattice -type self - support tower and a Variance from the required landscaping on the south side of the facility to no landscaping on the south side of the 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: 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 �6Atlic Sn V.11ed in 10\ D 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 of Charles S. Hayes, Inc. 324 Garst Street ABZA 3/2/11 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. 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. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception of Charles S. Hayes, Inc. for a 240' telecommunications tower, on property located at 324 Garst 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 CIIA14LES S. HAYES- INC., SPECIAL EEC A._,PTION Pi RSU,,A,,: 1- 2 ] -09-WD A 1, i.-..A 1:3 k -1 A R E) () F Z (D NJ 'N", C', A P PEA I THE PROPOSED LAE "ILL. NOT BE INWRK'WS TO THE 1'L:13JAC SAl_JF1)'_ C0\41-ORT, CONINIL FFY MURAL STANDARDS. C04VEMIEWE OR GENE_P..A1_ WELFARF and use as pmsemed %NK1 nompl) with 01 WWWPAne SM4Q. U00M CAnd parkin _L not beKg iourku; K On puhhc hQahh. saibq. morals. and ganwal weHhre of the 1. ThH! PROPOSEM 1_'S.E \VILI ':(_)T V,',JijRT= C.)T,1.,,,DVERSELY AFFECT THIE L.'.' E OF THI] AJ"),IACENT OR PI The Nahance car use shwil hmpmwe We agl"wwwo of the nei��,iborhood and. gilt nr.,t devah.JV the SLIT-rcwnding T THE PROPOSED LAE M ILL HE CONSISTENT "ITH THE CHARACTER OF THIE HICH IT IS 3h, -_'CAUST.-: CondhOns on the proptrD predate the Zoning Ordinance. which creaTes a diflc�ronL conditio;-i !'or this proper; 4 THE PROPOSED 1SE IS COMPATIBLE WrIA THE RECONOWNDA-1-IONS OF ']']-JL 017 SM'TH 1:31F'CD BECALM it i:; Tll'-- feeiin of the Board than the vwKnee 1 bknd&g into she av"Ml Plan and is nol deg i tin Boni if$ inlew�. (DR REVI"'IONS= D LS 10 \ !_�0shco !T 1S THEREFORE Oe dwoisiwn ofrhc Saw• that this requesi Or Species': Excepwan shalf he passed anlo the Q0 OfSouth Bwj Common COMMA "Ora: FAVOTRABLL + j_)-.D" TED tits_ Dt � o',_ Mnvch_ � O ; I. N 0 L MICHAEL URBANSKI F _?4] RANDALL MATOWS =X JACK YC)Li"CG =x GERALL—_, ?I IIPPS ABSENT R0J:7,EIZT HAWLEY F>R-1 JOENTLLEMAN EX-1 BRENDAN CRLWLISH" Area Plan Commission of St. Joseph County 1140 County -City Building South Band, Indiana 46601 John W. Byomi Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235 -9571 www. stjosepheountyindiana .corrVareaplan 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 conceming.some of the items to'be heard at the Area l -oard of Zoning Appeals meeting on Wednesdav Febroz= ! 2 2011. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. ya. dances .4 variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of ZoningAppeals 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 tents of this Chapter would result in practical dculties in the use of* property. 1. The petition;' of Communitynide 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 signffcantly rirvised. The intent -of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and ft prove the arance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by mini --� the possible adverse effects of signs on nearby public and private property. Wriances for increased size and number of signs undermine'ihe 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 that 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. fpecial gKo 'on I Special e A special use may only he granted upon making a written determination and adop &,g appropriate Finding's ofFact, based upon the evidence presented at a public hearing, that E.1Boamd ofZowngAppea&Wrw Board ofZaningAAwa&L?OII VaJFebr=y doe Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana (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 Comprehensive Plan. 6. The peiitian 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; re, similar request was approved in August 2009 on Jackson Road for a period of 18 months. The staff is not aware of atry 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 an 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 ]fiend Comprehensive Plan Future Land Use Map makes no specific recommendation for this property. 7. The petition of Charles S Mayes, 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. The 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 GI 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. 11ie future land use map identifies this area as industrial. City Plan Objective UD 1.4 .Encourage attractive and architecturally appealing designs for buildings to create distinctive, visual reference paints in the community. A monopole tower and landscaping would create a more attractive site. E. Lea arils gfZwIng ApXaLsLbw Board gfZmong.lppealsL?0I1V2] Februoy! doe g° The petition Of 3300'Sample Street Associates. The staffrecommends the Special Use be sent to the Common Council with (1) The proposed use wall not be injurious to the public health s e a favorable recommendation. standards, convenience or general welfine,- comfort, community moral All activities will take ply indoors and therefore have no visual or noise im (2) The proposed use will not injure or adversely affect the use oft, act beyond the building. values therein; ad acent area or property Since all activities will take place indoors, adjacent properties will not be impacted by those activities. (3) The proposed use will be consistent with the the land uses authorized therein; p character ofthe district in which it The south side of Sample Street between Prairie and Sheridan is zoned GI Gene is located and Across the street is a multi tenant center anchored by a convenience store. (4) The proposed use is compatible with the recommend Industrial District. The fixture Iand use map identifies this area as hex mntendatiarrs afthe Comprehensive Plan. the use of abandoned and underutalized land and Structures. industrial. Ci Plan Objective .ED I.2: Encourage 9. The petition of Jerenny D Belcher. The staff recommends the Special Use be sent to the County Council with a favorable subject to: 1) the regulations for a gun shop, 154.106(B)(12)� below, and 2 not sell ammunition or store inventory. co m commitment tion )petitioner's commitment to .754 106(B) (12) Gran Shops and Gunsmith Shops, subject to the followin development (a)14ro farear�ns or ammunition shall be sold in any gun sales ar g 1 °pment standards,. feet of airy.' gunsmith shops within two_hundred {200) 2-- Child Public care or parochial school for children in any grades from Kthrough 12; center; or, 3. Child care ministry; and (b) The operator shall reside in the dwelling unit located on the property as their ri residence. p many place of (1) The proposed use will not be injurious to the public health, safety, comfort, carom ' standards, convenience or general welfare; atrrtty moral If the activities are limited as in our recommendation {2) The proposed use will not injure or adversely effects will be minimized. values therein; Meet the use of the adjacent area or property If the activities are limited as in our recommendation the effects will be minimized. The Property located in close roximi to the intersection of Ireland and Ironwood Roads. p �' t is intersection as varied. The zoning of that (3) The proposed use will be consistent with the character of the district which it is and the land uses authorized therein, located The property is located in close proximity to the Of that intersection is varied, intersection of Ireland and Ironwood Roads. The zoning (4) Tlie proposed use is compatible with the recommendations of the Comprehenshe The St. Joseph County — South Bend Comprehensive Plan Future Land Use Plan. recommendation for this property. Map makes no specific R. cerely, �L�k-,LA ' Christa Nayder a, Planner T EISoa&(f1 ZoWng4 P"& WAe aB&, dof ,Zon&4rApp,,&701IEj1jFsbrrrarydx